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House of Commons

Session 2013 - 14 Internet Publications Other Bills before Parliament

Lords Amendments to the Children and Families Bill

	5
37	Page 22, line 27, at end insert “, or
	(ii)     children or young people in its area who have a disability”
38	Page 22, line 29, after “to” insert “—
	(i)     ”
39	Page 22, line 29, at end insert “, or
	(ii)     children or young people in its area who have a disability”
Clause 28
40	Page 23, line 28, at end insert—
	“( )     a person in charge of relevant youth accommodation—
	(i)     in which there are detained persons aged 18 or under for
	whom the authority was responsible immediately before
	the beginning of their detention, or
	(ii)     that the authority thinks is accommodation in which such
	persons are likely to be detained;”
Clause 30
41	Page 24, line 33, after “needs” insert “or a disability”
42	Page 24, line 35, after first “for” insert “—
	(i)     ”
43	Page 24, line 36, at end insert “, and
	(ii)     children and young people in its area who have a
	disability.”
44	Page 24, line 40, at beginning insert “other”
45	Page 25, line 13, at end insert “—
	(i)     ”
46	Page 25, line 15, at end insert—
	“(ii)     children and young people who have a disability, and the
	parents of children who have a disability, and”
47	Page 25, line 16, at end insert “(including details of any action the authority intends
	to take)”
48	Page 25, line 24, after “involve” insert “—
	(i)     ”
49	Page 25, line 26, leave out from “needs,” to end of line and insert “and
	(ii)     children and young people who have a disability, and the
	parents of children who have a disability,
	in the preparation and review of its local offer;”
50	Page 25, line 32, at end insert “—
	(i)     ”
51	Page 25, line 34, at end insert “, and
	(ii)     children and young people who have a disability and those
	who care for them”
	6
Clause 31
52	Page 25, line 41, after “following” insert “persons and”
53	Page 25, line 44, at end insert—
	“( )     the person in charge of any relevant youth accommodation;”
54	Page 26, line 4, after “The” insert “person or”
55	Page 26, line 4, leave out “it” and insert “the person or body”
56	Page 26, line 6, leave out “its own duties” and insert “the duties of the person or
	body”
57	Page 26, line 7, leave out “its functions” and insert “the functions of the person or
	body”
58	Page 26, line 8, after “A” insert “person or”
59	Page 26, line 10, after first “a” insert “person or”
60	Page 26, line 12, after “assessment” insert “, a detained person’s EHC needs
	assessment”
61	Page 26, line 12, after second “the” insert “person or”
Clause 32
62	Page 26, line 15, after first “for” insert “children and young people for whom it is
	responsible, and”
63	Page 26, line 16, leave out “and young people for whom it is responsible,”
64	Page 26, line 18, at end insert—
	“(1A)     A local authority in England must arrange for children and young people
	in its area with a disability, and the parents of children in its area with a
	disability, to be provided with advice and information about matters
	relating to the disabilities of the children or young people concerned.”
65	Page 26, line 20, leave out “subsection (1)” and insert “subsections (1) and (1A)”
66	Page 26, line 21, at end insert—
	“( )     children in its area;”
67	Page 26, line 26, leave out “subsection (1)” and insert “subsections (1) and (1A)”
Clause 36
68	Page 29, line 9, at end insert “or section (Assessment of post-detention education, health
	and care needs of detained persons)”
69	Page 29, line 33, after “In” insert “making a determination or”
70	Page 29, line 34, leave out “have regard to his or her age” and insert “consider
	whether he or she requires additional time, in comparison to the majority of others
	of the same age who do not have special educational needs, to complete his or her
	education or training”.
71	Page 29, line 43, leave out paragraph (g)
	7
Clause 37
72	Page 30, line 18, leave out “and social care”
73	Page 30, line 20, at end insert—
	“(e)     in the case of a child or a young person aged under 18, any social
	care provision which must be made for him or her by the local
	authority as a result of section 2 of the Chronically Sick and
	Disabled Persons Act 1970 (as it applies by virtue of section 28A of
	that Act);
	(f)     any social care provision reasonably required by the learning
	difficulties and disabilities which result in the child or young
	person having special educational needs, to the extent that the
	provision is not already specified in the plan under paragraph (e).”
74	Page 30, line 23, leave out subsection (4)
75	Page 30, line 25, leave out “and maintenance” and insert “, maintenance,
	amendment and disclosure”
76	Page 30, line 26, at end insert—
	“(6)     Regulations under subsection (5) about amendments of EHC plans must
	include provision applying section 33 (mainstream education for children
	and young people with EHC plans) to a case where an EHC plan is to be
	amended under those regulations.”
Clause 42
77	Page 33, line 25, leave out “to the extent that” and insert “if”
Clause 44
78	Page 34, line 19, leave out “his or her age” and insert “whether the educational or
	training outcomes specified in the plan have been achieved”
Clause 45
79	Page 35, line 3, leave out “child or young person” and insert “young person aged
	over 18”
80	Page 35, line 5, after “educational” insert “or training”
81	Page 35, line 7, leave out subsection (4)
Clause 48
82	Page 36, line 1, leave out “custodial sentence” and insert “detention order (within
	the meaning of section 562(1A)(a) of EA 1996)”
83	Page 36, line 5, after “was” insert “—
	(i)     ”
84	Page 36, line 6, leave out “custodial sentence.” and insert “detention, or”
85	Page 36, line 6, at end insert—
	“(ii)     kept for him or her under section (Duty to keep EHC plans for
	detained persons) during the detention.”
	8
Clause 51
86	Page 38, line 18, after “of” insert “EHC needs assessments and”
87	Page 38, line 23, at end insert—
	“(4A)     Regulations under subsection (4)(c) may include provision conferring
	power on the First-tier Tribunal, on determining an appeal against a
	matter, to make recommendations in respect of other matters (including
	matters against which no appeal may be brought).”
After Clause 51
88	Insert the following new Clause—
	“Right to mediation
	(1)     This section applies where—
	(a)     a decision against which an appeal may be brought under section
	51 is made in respect of a child or young person, or
	(b)     an EHC plan for a child or young person is made, amended or
	replaced.
	(2)     Before the end of the prescribed period after the decision is made, or the
	plan is made, amended or replaced, the local authority must notify the
	child’s parent or the young person of—
	(a)     the right to mediation under section (Mediation: health care issues) or
	(Mediation: educational and social care issues etc), and
	(b)     the requirement to obtain a certificate under section 52 before
	making certain appeals.
	(3)     If the parent or young person wishes to pursue mediation under section
	(Mediation: health care issues) or (Mediation: educational and social care issues
	etc), he or she must inform the local authority of—
	(a)     that fact, and
	(b)     the issues in respect of which he or she wishes to pursue mediation
	(“the mediation issues”).
	(4)     If the mediation issues are, or include, the fact that no health care provision,
	or no health care provision of a particular kind, is specified in the plan, the
	parent or young person must also inform the local authority of the health
	care provision which he or she wishes to be specified in the plan.”
89	Insert the following new Clause—
	“Mediation: health care issues
	(1)     This section applies where—
	(a)     the parent or young person informs the local authority under
	section (Right to mediation) that he or she wishes to pursue
	mediation, and
	(b)     the mediation issues include health care provision specified in the
	plan or the fact that no health care provision, or no health care
	provision of a particular kind, is specified in the plan.
	(2)     The local authority must notify each relevant commissioning body of—
	(a)     the mediation issues, and
	9
	(b)     anything of which it has been informed by the parent or young
	person under section (Right to mediation)(4).
	(3)     If the mediation issues are limited to the health care provision specified in
	the plan or the fact that no health care provision, or no health care provision
	of a particular kind, is specified in the plan, the responsible commissioning
	body (or, where there is more than one, the responsible commissioning
	bodies acting jointly) must—
	(a)     arrange for mediation between it (or them) and the parent or young
	person,
	(b)     ensure that the mediation is conducted by an independent person,
	and
	(c)     participate in the mediation.
	(4)     If the mediation issues include anything else—
	(a)     the local authority must—
	(i)     arrange for mediation between it, each responsible
	commissioning body and the parent or young person,
	(ii)     ensure that the mediation is conducted by an independent
	person, and
	(iii)     participate in the mediation, and
	(b)     each responsible commissioning body must also participate in the
	mediation.
	(5)     For the purposes of this section, a person is not independent if he or she is
	employed by any of the following—
	(a)     a local authority in England;
	(b)     a clinical commissioning group;
	(c)     the National Health Service Commissioning Board.
	(6)     In this section “responsible commissioning body”—
	(a)     if the mediation issues in question are or include the health care
	provision specified in an EHC plan, means a body that is under a
	duty to arrange health care provision of that kind in respect of the
	child or young person;
	(b)     if the mediation issues in question are or include the fact that no
	health care provision, or no health care provision of a particular
	kind, is specified in an EHC plan, means a body that would be
	under a duty to arrange health care provision of the kind in
	question if it were specified in the plan.”
90	Insert the following new Clause—
	“Mediation: educational and social care issues etc
	(1)     This section applies where—
	(a)     the parent or young person informs the local authority under
	section (Right to mediation) that he or she wishes to pursue
	mediation, and
	(b)     the mediation issues do not include health care provision specified
	in the plan or the fact that no health care provision, or no health care
	provision of a particular kind, is specified in the plan.
	(2)     The local authority must—
	(a)     arrange for mediation between it and the parent or young person,
	10
	(b)     ensure that the mediation is conducted by an independent person,
	and
	(c)     participate in the mediation.
	(3)     For the purposes of this section, a person is not independent if he or she is
	employed by a local authority in England.”
Clause 52
91	Page 38, line 44, after “certificate” insert “under this subsection”
92	Page 39, line 2, leave out “with the local authority” and insert “under section
	(Mediation: health care issues) or (Mediation: educational and social care issues etc)”
93	Page 39, line 5, after “certificate” insert “under this subsection”
94	Page 39, line 7, leave out “with the local authority” and insert “under section
	(Mediation: health care issues) or (Mediation: educational and social care issues etc)”
95	Page 39, line 9, leave out “with the local authority” and insert “under the
	appropriate section”
96	Page 39, line 12, leave out subsections (6) to (8)
After Clause 52
97	Insert the following new Clause—
	“Mediation: supplementary
	(1)     Regulations may make provision for the purposes of sections (Right to
	mediation) to 52, in particular—
	(a)     about giving notice;
	(b)     imposing time limits;
	(c)     enabling a local authority or commissioning body to take
	prescribed steps following the conclusion of mediation;
	(d)     about who may attend mediation;
	(e)     where a child’s parent is a party to mediation, requiring the
	mediator to take reasonable steps to ascertain the views of the child;
	(f)     about the provision of advocacy and other support services for the
	parent or young person;
	(g)     requiring a local authority or commissioning body to pay
	reasonable travel expenses and other expenses of a prescribed
	description, up to any prescribed limit;
	(h)     about exceptions to the requirement in section 52(3);
	(i)     about the training, qualifications and experience of mediators and
	mediation advisers;
	(j)     conferring powers or imposing requirements on local authorities,
	commissioning bodies, mediators and mediation advisers.
	(2)     In section 52 and this section “mediation adviser” means an independent
	person who can provide information and advice about pursuing
	mediation.
	(3)     For the purposes of subsection (2), a person is not independent if he or she
	is employed by any of the following—
	11
	(a)     a local authority in England;
	(b)     a clinical commissioning group;
	(c)     the National Health Service Commissioning Board.
	(4)     In this section “commissioning body” means a body that is under a duty to
	arrange health care provision of any kind.”
Clause 53
98	Page 39, line 42, at end insert “or (2A)”
99	Page 39, line 43, after “disagreements” insert “within this subsection”
100	Page 39, line 47, at end insert—
	“(2A)     The disagreements within this subsection are those about the exercise by
	the local authority of its functions relating to EHC needs assessments, the
	preparation and review of EHC plans, and re-assessment of educational,
	health care and social care needs, where the disagreement is between—
	(a)     the local authority and a responsible commissioning body, or
	(b)     a responsible commissioning body and the parents of children, or
	young people, in the authority’s area.”
101	Page 40, line 4, after “disagreements” insert “within this subsection”
102	Page 40, leave out lines 13 and 14 and insert—
	“(5A)     For the purposes of subsection (5) a person is not independent if he or she
	is employed by any of the following—
	(a)     a local authority in England;
	(b)     a clinical commissioning group;
	(c)     the National Health Service Commissioning Board.”
103	Page 40, line 37, at end insert—
	““responsible commissioning body”, in relation to any particular
	health care provision, means a body that is under a duty to arrange
	health care provision of that kind in respect of the child or young
	person concerned.”
After Clause 65
104	Insert the following new Clause—
	“Application of Part to detained persons
	(1)     Subject to this section and sections (Assessment of post-detention education,
	health and care needs of detained persons) to (Supply of goods and services:
	detained persons), nothing in or made under this Part applies to, or in
	relation to, a child or young person detained in pursuance of—
	(a)     an order made by a court, or
	(b)     an order of recall made by the Secretary of State.
	(2)     Subsection (1) does not apply to—
	(a)     section 28;
	(b)     section 31;
	(c)     section 67;