1

House of Commons

Thursday 2 July 2015

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Amendments tabled since the last publication: 25 and 26

Education and Adoption Bill

Note

This document includes all amendments tabled to date and includes any

withdrawn amendments at the end. The amendments have been arranged in

accordance with the Order of the Committee [30 June 2015].

Steve McCabe

Kevin Brennan

Graham Jones

Mrs Emma Lewell-Buck

1

Clause  13,  page  8,  line  18,  leave out “give directions” and insert “make orders”

Steve McCabe

Kevin Brennan

Graham Jones

Mrs Emma Lewell-Buck

2

Clause  13,  page  8,  line  23,  leave out “A direction” and insert “An order”

Steve McCabe

Kevin Brennan

Graham Jones

Mrs Emma Lewell-Buck

7

Clause  13,  page  8,  line  26,  at end insert—

Public Bill Committee: 2 July 2015                     

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Education and Adoption Bill, continued

“( )    

Where a direction under subsection (1) is to be given the Secretary of State must

first publish a statement setting out the criteria against which he has selected the

body or bodies who will carry out the functions in the direction.”

Member’s explanatory statement

This amendment would require the Secretary of State to disclose the criteria against which the

body or bodies taking on adoption functions have been selected.

Steve McCabe

Kevin Brennan

Graham Jones

8

Clause  13,  page  8,  line  35,  at end insert—

“( )    

Where a direction under subsection (1) is to be given, and the functions in the

direction include the recruitment of persons as prospective adopters, the Secretary

of State must first publish a statement setting out the criteria against which

adopters will be selected after the arrangements in the direction come into

operation.”

Member’s explanatory statement

This amendment would prevent the body or bodies taking on adoption functions from changing key

criteria.

Steve McCabe

Kevin Brennan

Graham Jones

Bill Esterson

Mrs Emma Lewell-Buck

9

Clause  13,  page  8,  line  35,  at end insert “including support identified in needs

assessments of adopted children”

Member’s explanatory statement

This amendment would require the new arrangements to recognise that adequate provision of

adoption includes support to meet the needs identified in individual assessments of the adopted

children.

Steve McCabe

Kevin Brennan

Graham Jones

3

Clause  13,  page  8,  line  36,  leave out “a direction” and insert “an order”

Steve McCabe

Kevin Brennan

Graham Jones

4

Clause  13,  page  8,  line  37,  leave out “a direction” and insert “an order”

Steve McCabe

Kevin Brennan

Graham Jones

10

Clause  13,  page  8,  line  38,  after subsection (4) insert—

“( )    

The Secretary of State shall make arrangements for the independent inspection

and monitoring of the functioning of arrangements resulting from a direction

under subsection (1).

Public Bill Committee: 2 July 2015                     

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Education and Adoption Bill, continued

( )    

Where an independent inspection or monitoring report raises serious concerns

about the functioning of arrangements subject to a direction under subsection (1),

the Secretary of State must consider whether to exercise his power in subsection

(4).”

Member’s explanatory statement

This amendment aims to ensure scrutiny of new arrangements established by Ministerial Direction

and promotes remedial action where the results of scrutiny raises serious concerns.

Steve McCabe

Kevin Brennan

Graham Jones

5

Clause  13,  page  8,  line  39,  leave out “A direction” and insert “An order”

Steve McCabe

Kevin Brennan

Graham Jones

Bill Esterson

Mrs Emma Lewell-Buck

11

Clause  13,  page  8,  line  40,  at end insert—

“( )    

When giving a direction under this section, the Secretary of State must publish a

statement stating his satisfaction, or otherwise, that the outcomes of the proposed

arrangements are consistent with arrangements in place across the whole sector.”

Member’s explanatory statement

This amendment is aimed at establishing that adoption functions would remain fully integrated

within regional agencies responsible for all permanence arrangements for children, such as

fostering, kinship care, returning children home and post placement support.

Bill Esterson

25

Clause  13,  page  8,  line  40,  at end insert—

“(5A)    

Before making a direction under subsection (1), the Secretary of State must    

consider, and lay a statement before each House of Parliament about, the impact

of      the changes proposed within the direction on—

(a)    

each relevant local authority’s existing provision in relation to—

(i)    

adoption,

(ii)    

foster care,

(iii)    

other potentially permanent placement solutions, and

(iv)    

other social services for children, in particular where delivered

by        multi-disciplinary teams, and

(b)    

the consistency of provision of mental health services to children within

the       relevant client group affected.”

Member’s explanatory statement

This amendment arises from oral evidence taken by the committee, and would require that, before

giving a direction, the Secretary of State takes account of, and reports on, potential impacts of his

required changes on the wider landscape of children‘s social, and mental health, services being

provided by the target authorities.

Public Bill Committee: 2 July 2015                     

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Education and Adoption Bill, continued

Steve McCabe

Kevin Brennan

Graham Jones

6

Clause  13,  page  8,  line  41,  at end insert—

“( )    

Orders under subsection (1)—

(a)    

shall be made by statutory instrument, and

(b)    

may not be made unless a draft has been laid before and approved by  

resolution of each House of Parliament.”

Member’s explanatory statement

These amendments Nos 1 to 6 would require joint arrangements proposed by the Secretary of State

to be implemented only after approval by both Houses of Parliament.

Steve McCabe

Kevin Brennan

Graham Jones

12

Clause  13,  page  8,  line  41,  at end insert—

“(7)    

Before making any such regulations the Secretary of State shall consult children

who have experience of adoption functions, adopters and such persons as he

considers appropriate.”

Member’s explanatory statement

This amendment aims to ensure that adequate consultation takes place on the regulations prior to

their implementation.

Steve McCabe

Kevin Brennan

Graham Jones

Bill Esterson

13

Clause  13,  page  8,  line  41,  at end insert—

“( )    

Where a direction under subsection (1) specifies that the functions are to be

carried out by more than one agency, the specified bodies offered an opportunity

to participate must include at least one voluntary organisation acting as an

adoption society as defined by the Adoption Act 1976.”

Member’s explanatory statement

This amendment aims to ensure that smaller voluntary adoption agencies, specialising in finding

families for harder-to-place children, are not excluded from or by the new arrangements.

Mrs Emma Lewell-Buck

26

Clause  13,  page  8,  line  41,  at end insert—

“(6A)    

Prior to making any directions under subsection (1), and within 12 months of this

Act coming into force, the Secretary of State shall commission an independent

evaluation of the matters under subsection (6B) and shall lay the report of the

evaluation before each House of Parliament.

(6B)    

The evaluation under subsection (6A) shall consider—

(a)    

the extent to which directions under section 3ZA should avoid creating

any presumption that adoption is automatically the most desirable

solution in the interests of any child,

(b)    

the extent to which directions under section 3ZA should be consider all

permanency placement settings, including (but not limited to) foster care,

residential care and kinship care, and

Public Bill Committee: 2 July 2015                     

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Education and Adoption Bill, continued

(c)    

the extent to which directions under section 3ZA, or alternative steps and

measures, might be used or designed to intervene earlier in the lives of

children, mothers, young people, and families as a whole, to prevent or

avoid children having to leave their natural family setting.”

Member’s explanatory statement

This amendment arises from oral evidence taken by the committee, and would require that, before

considering directions, the Secretary of State must seek independent advice on options for a more

holistic approach to permanency and a more preventative approach to family breakdown.

Kevin Brennan

Steve McCabe

Graham Jones

14

Clause  2,  page  2,  line  9,  after “period of compliance” insert “, which shall not be

less than 15 working days,”

Member’s explanatory statement

This amendment sets a minimum period—15 working days—within which the governing body must

respond to a warning notice before the schools becomes eligible for intervention.

Kevin Brennan

Steve McCabe

Graham Jones

15

Clause  2,  page  2,  line  19,  at end insert—

“(ba)    

in subsection (4) for paragraph (b) substitute—

“(b)    

the reasonable action which they require the governing

body to take in order to remedy those matters within the

compliance period””

Member’s explanatory statement

This amendment ensures that any actions which the governing body is required to take can

reasonably be undertaken within the compliance period.

Kevin Brennan

Steve McCabe

Graham Jones

16

Clause  2,  page  2,  line  28,  after “warning notice” insert “, except a warning notice

give under s.60A,”

Member’s explanatory statement

This amendment clarifies that a local authority may give a warning notice under section 60A

(teachers’ pay and conditions warming notice), to be inserted by this Bill, even though the

Secretary of State has given one.

Public Bill Committee: 2 July 2015                     

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Education and Adoption Bill, continued

Kevin Brennan

Steve McCabe

Graham Jones

18

Clause  2,  page  2,  leave out lines 30 to 34 and insert—

“(4B)    

If the local authority informs the Secretary of State that the local authority has

given a warning notice to the governing body of a maintained school, then the

Secretary of State may not give a warning notice to the governing body.”

Member’s explanatory statement

This amendment would ensure that a governing body could not have two different warning notices

in quick succession.

Kevin Brennan

Steve McCabe

Graham Jones

17

Clause  2,  page  2,  line  31,  after “warning notice” insert “, except a warning notice

give under s.60A,”

Member’s explanatory statement

This amendment would enable a local authority warning notice under section 60A to remain in

force even though the Secretary of State has given one.

Kevin Brennan

Steve McCabe

Graham Jones

19

Clause  2,  page  2,  line  46,  at end insert—

“(2A)    

Any power exercised under this section by the Secretary of State must be done by  

Order.”

Member’s explanatory statement

Clause 2 removes the mechanism for governing body appeal to Ofsted. This amendment requires

the Secretary of State to exercise any power under the amended section 60A by Order contained

in a statutory instrument under section 181(1) of the Education and Inspections Act 2006.

Kevin Brennan

Steve McCabe

Graham Jones

20

Clause  2,  page  3,  leave out lines 8 and 9

Member’s explanatory statement

This amendment restores section 69A of the Education and Inspections Act 2006 which allows the

Secretary of State to require a local authority to issue a warning notice.

Kevin Brennan

Steve McCabe

Graham Jones

21

Clause  2,  page  3,  leave out line 10

Member’s explanatory statement

This amendment restores the definition of “working day” to section 60.

Public Bill Committee: 2 July 2015                     

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Education and Adoption Bill, continued

Kevin Brennan

Steve McCabe

Graham Jones

22

Clause  2,  page  3,  line  10,  at end insert—

“(7A)    

In section 62 of the School Standards and Framework Act 1998, for subsection

(2) substitute—

“(2)    

The circumstances are that—

(a)    

in the opinion of the authority—

(i)    

the standards of performance or progress of pupils at the

school are unacceptably low, and are likely to remain so;

or

(ii)    

there has been a serious breakdown in the way the school

is managed or governed which is prejudicing, or likely

to prejudice, such standards of performance; or

(iii)    

the safety of pupils or staff of the school is threatened

(whether by a breakdown of discipline or otherwise).

(b)    

for the purpose of subsection (2)(a)(i), the standards of

performance or progress of pupils at a school are low if they are

low by reference to any one or more of the following—

(i)    

the standards that the pupils might in all the

circumstances reasonably be expected to attain,

(ii)    

where relevant, the standards previously attained by

them, or

(iii)    

the standards attained by pupils at comparable schools,

(c)    

the governing body have been informed in writing of the

authority’s opinion.””

Member’s explanatory statement

Section 62 under the School Standards and Framework Act gives a local authority power to take

immediate action against a maintained school when there was a serious risk to pupils at the school.

This amendment is aimed at probing the likely use of section 62 powers in the light of Clause 2.

Kevin Brennan

Steve McCabe

Graham Jones

23

Clause  3,  page  3,  leave out lines 33 and 34

Member’s explanatory statement

This amendment removes the requirement that the Secretary of State be informed about a local

authority use of a section 60A warning notice.

Bill Esterson

24

Clause  8,  page  6,  line  8,  at end insert—

“(A1A)    

Prior to making an Academy Order in respect of a maintained school under

subsection (A1), the Secretary of State must arrange for an independent