|
|
| |
| |
|
| |
| |
| 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: 1 to 23 and NC1 |
|
| Education and Adoption Bill
|
|
| |
| | 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| | withdrawn amendments at the end.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 Resolution of the Programming Sub-Committee.
|
|
| | |
| |
| | Resolution of the Programming Sub-Committee |
|
| | The Programming Sub-Committee appointed by the Speaker in respect of the Bill |
|
| | agreed the following Resolution at its meeting on Monday 29 June 2015 (Standing Order |
|
| | |
| | |
| | (1) | the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 30 |
|
| | |
| | (a) | at 2.00 pm on Tuesday 30 June; |
|
| | (b) | at 11.30 am and 2.00 pm on Thursday 2 July; |
|
| | (c) | at 9.25 am and 2.00 pm on Tuesday 7 July; |
|
| | (d) | at 11.30 am and 2.00 pm on Thursday 9 July; |
|
| | (e) | at 9.25 am and 2.00 pm on Tuesday 14 July; |
|
| | (2) | the Committee shall hear oral evidence in accordance with the following |
|
| | |
|
|
| |
| |
|
| | (3) | proceedings on consideration of the Bill in Committee shall be taken in the |
|
| | following order: Clause 13; Clauses 2 to 12; Clause 1; Clauses 14 to 18; new |
|
| | Clauses; new Schedules; remaining proceedings on the Bill; |
|
| | (4) | the proceedings shall (so far as not previously concluded) be brought to a |
|
| | conclusion at 5.00 pm on Tuesday 14 July. |
|
| | Nick Gibb has given notice of his intention to move a motion in the terms of the |
|
| | Resolution of the Programming Sub-Committee (Standing Order No. 83C). |
|
| |
| |
| | That, subject to the discretion of the Chair, any written evidence received by the |
|
| | Committee shall be reported to the House for publication. |
|
| |
| |
| | That, at this and any subsequent meeting at which oral evidence is to be heard, the |
|
| | Committee shall sit in private until the witnesses are admitted. |
|
| |
| |
| |
| |
| | |
|
| Clause 13, page 8, line 18, leave out “give directions” and insert “make orders” |
|
| |
| |
| |
| | |
|
| Clause 13, page 8, line 23, leave out “A direction” and insert “An order” |
|
| |
| |
| |
| | |
|
| Clause 13, page 8, line 26, at end insert— |
|
|
|
| |
| |
|
| | “( ) | 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. |
|
| |
| |
| |
| | |
|
| 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 |
|
| | |
| | Member’s explanatory statement
|
|
| | This amendment would prevent the body or bodies taking on adoption functions from changing key |
|
| | |
| |
| |
| |
| |
| | |
|
| 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 |
|
| | |
| |
| |
| |
| | |
|
| Clause 13, page 8, line 36, leave out “a direction” and insert “an order” |
|
| |
| |
| |
| | |
|
| Clause 13, page 8, line 37, leave out “a direction” and insert “an order” |
|
| |
| |
| |
| | |
|
| 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 |
|
| | |
| | ( ) | 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 |
|
| | |
| | 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. |
|
| |
| |
| |
| | |
|
| Clause 13, page 8, line 39, leave out “A direction” and insert “An order” |
|
| |
| |
| |
| |
| | |
|
| 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. |
|
| |
| |
| |
| | |
|
| 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. |
|
| |
| |
| |
| | |
|
| 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 |
|
| | |
| | Member’s explanatory statement
|
|
| | This amendment aims to ensure that adequate consultation takes place on the regulations prior to |
|
| | |
|
|
| |
| |
|
| |
| |
| |
| |
| | |
|
| 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. |
|
| |
| |
| |
| |
| | |
|
| 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. |
|
| |
| |
| |
| | |
|
| 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 |
|
| | |
| | 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. |
|
| |
| |
| |
| | |
|
| Clause 2, page 2, line 28, after “warning notice” insert “, except a warning notice |
|
| |
| | 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. |
|
|
|
| |
| |
|
| |
| |
| |
| | |
|
| 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 |
|
| | |
| |
| |
| |
| | |
|
| Clause 2, page 2, line 31, after “warning notice” insert “, except a warning notice |
|
| |
| | 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. |
|
| |
| |
| |
| | |
|
| 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 |
|
| | |
| | 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. |
|
| |
| |
| |
| | |
|
| 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. |
|
| |
| |
| |
| | |
|
| Clause 2, page 3, leave out line 10 |
|
| | Member’s explanatory statement
|
|
| | This amendment restores the definition of “working day” to section 60. |
|
|