Session 2016-17
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Tuesday 10 January 2017

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Children and Social Work Bill [Lords]


 

Note

 

This document includes all amendments remaining before the Committee and

 

includes any withdrawn amendments at the end. The amendments have been

 

arranged in accordance with the Order of the Committee [13 December 2016].

 


 

New Clauses

 

Edward Timpson

 

NC1

 

To move the following Clause—

 

         

“Placing children in secure accommodation elsewhere in Great Britain

 

Schedule (Placing children in secure accommodation elsewhere in Great

 

Britain) contains amendments relating to—

 

(a)    

the placement by local authorities in England and Wales of children in

 

secure accommodation in Scotland, and

 

(b)    

the placement by local authorities in Scotland of children in secure

 

accommodation in England and Wales.”

 

Member’s explanatory statement

 

This new clause would introduce NS1, which amends legislation to allow local authorities in

 

England and Wales to place children in secure accommodation in Scotland, and makes provision

 

relating to the placement by local authorities in Scotland of children in secure accommodation in

 

England and Wales.

 



 
 

Public Bill Committee: 10 January 2017                  

2

 

Children and Social Work Bill-[Lords], continued

 
 

Edward Timpson

 

NC2

 

To move the following Clause—

 

         

“Power to test different ways of working

 

(1)    

The purpose of this section is to enable a local authority in England to test

 

different ways of working under children’s social care legislation with a view

 

to—

 

(a)    

promoting the physical and mental health and well-being of children,

 

young people or their families,

 

(b)    

encouraging children or young people to express their views, wishes and

 

feelings,

 

(c)    

taking into account the views, wishes and feelings of children or young

 

people,

 

(d)    

helping children, young people or their families gain access to, or make

 

the best use of, services provided by the local authority or its relevant

 

partners (within the meaning given by section 10(4) of the Children Act

 

1989),

 

(e)    

promoting high aspirations for children or young people,

 

(f)    

promoting stability in the home lives, relationships, education or work of

 

children or young people, or

 

(g)    

preparing children or young people for adulthood and independent living.

 

(2)    

The Secretary of State may by regulations, for that purpose—

 

(a)    

exempt a local authority in England from a requirement imposed by

 

children’s social care legislation;

 

(b)    

modify the way in which a requirement imposed by children’s social care

 

legislation applies in relation to a local authority in England.

 

(3)    

Regulations under this section may not be used so as to remove any prohibition

 

on a local authority in England arranging for functions to be carried out by a body

 

whose activities are carried on for profit.

 

(4)    

Regulations under this section may not be used to exempt a local authority in

 

England from, or modify, its duties under—

 

(a)    

section 17 of the Children Act 1989 and Part 1 of Schedule 2 to that Act

 

(duty to provide appropriate services to children in need);

 

(b)    

section 20 of that Act (provision of accommodation for children who

 

appear to require it for certain reasons);

 

(c)    

section 22 of that Act (duty to safeguard and promote welfare of looked

 

after children etc);

 

(d)    

section 47 of that Act (duty to make enquiries and take action to

 

safeguard or promote welfare of children at risk);

 

(e)    

section 10 of the Children Act 2004 (duty to make arrangements for

 

promoting co-operation to improve well-being of children);

 

(f)    

section 11 of that Act (duty to make arrangements to ensure that regard

 

is had to the need to safeguard and promote the welfare of children).

 

(5)    

The Secretary of State may make regulations under this section relating to a local

 

authority in England only on an application by that authority.

 

(6)    

Subsection (5) does not apply to regulations under this section that only revoke

 

earlier regulations under this section.

 

(7)    

Regulations under this section may be made in relation to one or more local

 

authorities in England.


 
 

Public Bill Committee: 10 January 2017                  

3

 

Children and Social Work Bill-[Lords], continued

 
 

(8)    

Regulations under this section may include consequential modifications of

 

children’s social care legislation.”

 

Member’s explanatory statement

 

This new clause would give the Secretary of State a power to enable local authorities in England

 

to test different ways of working under children’s social care legislation for one of the purposes

 

mentioned in subsection (1). Subsections (3) and (4) include safeguards on the use of the power.

 

The power may only be exercised on an application by a local authority. See also the following,

 

which are related: NC3, NC4, NC5, NC6, NC7, NC8 and NC9.

 


 

Edward Timpson

 

NC3

 

To move the following Clause—

 

         

“Duration

 

(1)    

Regulations under section (Power to test different ways of working) must specify

 

a period at the end of which they lapse.

 

(2)    

The period must not be longer than 3 years beginning with the day on which the

 

regulations come into force.

 

(3)    

But the Secretary of State may by further regulations under section (Power to test

 

different ways of working) amend the specified period to extend it by up to 3

 

years.

 

(4)    

The specified period may be extended on one occasion only.

 

(5)    

Before extending the specified period the Secretary of State must lay a report

 

before Parliament about the extent to which the regulations have achieved the

 

purpose mentioned in section (Power to test different ways of working)(1).

 

(6)    

The Secretary of State may by regulations make transitional provision in

 

connection with the lapsing of regulations under section (Power to test different

 

ways of working).”

 

Member’s explanatory statement

 

This would ensure that exemptions or modifications under the power to test different ways of

 

working in NC2 are of a temporary nature. The regulations may be made for up to 3 years and may

 

be renewed for one further period of up to 3 years.

 


 

Edward Timpson

 

NC4

 

To move the following Clause—

 

         

“Parliamentary procedure

 

(1)    

Regulations under section (Power to test different ways of working) are subject to

 

the negative resolution procedure if they only—

 

(a)    

relate to requirements imposed by subordinate legislation that was not

 

subject to affirmative resolution procedure, or

 

(b)    

revoke earlier regulations under that section.

 

(2)    

Any other regulations under section (Power to test different ways of working) are

 

subject to the affirmative resolution procedure.


 
 

Public Bill Committee: 10 January 2017                  

4

 

Children and Social Work Bill-[Lords], continued

 
 

(3)    

At the same time as laying a draft of a statutory instrument containing regulations

 

under section (Power to test different ways of working) before Parliament, the

 

Secretary of State must lay before Parliament a report—

 

(a)    

explaining how the purpose mentioned in subsection (1) of that section is

 

expected to be achieved, and

 

(b)    

confirming that the regulations are not expected to have a detrimental

 

effect on the welfare of any child and explaining any measures that have

 

been put in place to ensure that is the case.

 

(4)    

If regulations under section (Power to test different ways of working) are subject

 

to the affirmative resolution procedure and would, but for this subsection, be

 

treated for the purposes of the standing orders of either House of Parliament as a

 

hybrid instrument, they are to proceed in that House as if they were not a hybrid

 

instrument.

 

(5)    

For the purposes of subsection (1)(a) subordinate legislation “was not subject to

 

affirmative resolution procedure” if it was not subject to any requirement for a

 

draft to be laid before, and approved by a resolution of, each House of

 

Parliament.”

 

Member’s explanatory statement

 

This new clause would set out of the procedure for making regulations about testing different ways

 

of working under NC2. Most regulations are subject to affirmative resolution procedure, with the

 

two exceptions mentioned in subsection (1)(a) and (b) of the clause. The Secretary of State is also

 

required to lay a report before Parliament dealing with the matters mentioned in subsection (3).

 


 

Edward Timpson

 

NC5

 

To move the following Clause—

 

         

“Consultation by local authority

 

(1)    

Before making an application for the Secretary of State to make regulations under

 

section (Power to test different ways of working) a local authority in England

 

must—

 

(a)    

consult such of the other safeguarding partners and relevant agencies in

 

relation to its area as it considers appropriate, and

 

(b)    

any other person that the local authority considers appropriate.

 

(2)    

In deciding who to consult under subsection (1)(b) a local authority in England

 

must, in particular, consider consulting any children or young people who might

 

be affected by the regulations.”

 

Member’s explanatory statement

 

This would impose a consultation requirement on local authorities before making an application

 

under NC2.

 



 
 

Public Bill Committee: 10 January 2017                  

5

 

Children and Social Work Bill-[Lords], continued

 
 

Edward Timpson

 

NC6

 

To move the following Clause—

 

         

“Consultation by Secretary of State

 

(1)    

Where a local authority in England make an application for the Secretary of State

 

to make regulations under section (Power to test different ways of working) the

 

Secretary of State must invite an expert panel to give advice about—

 

(a)    

the capability of the authority to achieve the purpose mentioned in

 

subsection (1) of that section if the regulations are made,

 

(b)    

the likely impact of the regulations on children and young people, and

 

(c)    

the adequacy of any measures that will be in place to monitor the impact

 

of the regulations on children and young people.

 

(2)    

The expert panel is to consist of—

 

(a)    

the Children’s Commissioner,

 

(b)    

Her Majesty’s Chief Inspector of Education, Children’s Services and

 

Skills, and

 

(c)    

one or more other persons appointed by the Secretary of State to consider

 

the application.

 

(3)    

The Secretary of State may appoint a person under subsection (2)(c) to consider

 

an application only if the Secretary of State thinks that the person has expertise

 

relevant to the subject matter of the application.

 

(4)    

Having invited the expert panel to advise, the Secretary of State must wait at least

 

6 weeks before making regulations under section (Power to test different ways of

 

working) in response to the application.

 

(5)    

Before making regulations under section (Power to test different ways of

 

working) in response to the application, the Secretary of State must also publish

 

any written advice given during that 6 week period by the expert panel.”

 

Member’s explanatory statement

 

This would impose consultation requirements on the Secretary of State before making regulations

 

under NC2.

 


 

Edward Timpson

 

NC7

 

To move the following Clause—

 

         

“Guidance

 

(1)    

The Secretary of State must give local authorities in England guidance about—

 

(a)    

factors that a local authority in England should take into account in

 

deciding whether to make an application under (Power to test different

 

ways of working),

 

(b)    

the form and content of applications under (Power to test different ways

 

of working) and the process for making them,

 

(c)    

consultation under section (Consultation by local authorities),

 

(d)    

monitoring and evaluating the effect of the regulations under section

 

(Power to test different ways of working), and

 

(e)    

the exercise of functions under, or in connection with, children’s social

 

care legislation as modified by regulations under section (Power to test

 

different ways of working).


 
 

Public Bill Committee: 10 January 2017                  

6

 

Children and Social Work Bill-[Lords], continued

 
 

(2)    

Before giving guidance under this section the Secretary of State must—

 

(a)    

consult such persons as the Secretary of State considers appropriate, and

 

(b)    

publish a summary of the consultation responses.”

 

Member’s explanatory statement

 

This would require the Secretary of State to give local authorities guidance on certain matters to

 

do with NC2 and NC5.

 


 

Edward Timpson

 

NC8

 

To move the following Clause—

 

         

“Annual report

 

If the Secretary of State makes regulations under (Power to test different ways of

 

working) the Secretary of State must, in respect of each year in which they remain

 

in force, publish a report about the extent to which the regulations have achieved

 

the purpose mentioned in section (Power to test different ways of working)(1).”

 

Member’s explanatory statement

 

This would require the Secretary of State to publish an annual report on any regulations under

 

NC2.

 


 

Edward Timpson

 

NC9

 

To move the following Clause—

 

         

“Interpretation

 

In sections (Power to test different ways of working), (Duration), (Parliamentary

 

procedure), (Consultation by local authority), (Consultation by Secretary of

 

State), (Guidance), (Annual report) and this section—

 

“child” means a person under the age of 18 (and “children” means people

 

under the age of 18);

 

“children’s social care legislation” means—

 

(a)    

any legislation specified in Schedule 1 to the Local Authority

 

Social Services Act 1970 so far as relating to those under the age

 

of 18;

 

(b)    

sections 23C to 24D of the Children Act 1989, so far as not

 

within paragraph (a);

 

(c)    

the Children Act 2004, so far as not within paragraph (a);

 

(d)    

any subordinate legislation under the legislation mentioned in

 

paragraphs (a) to (c);

 

“local authority in England” means—

 

(a)    

a county council in England;

 

(b)    

a district council;

 

(c)    

a London Borough council;


 
 

Public Bill Committee: 10 January 2017                  

7

 

Children and Social Work Bill-[Lords], continued

 
 

(d)    

the Common Council of the City of London (in their capacity as

 

a local authority);

 

(e)    

the Council of the Isles of Scilly;

 

(f)    

a combined authority established under section 103 of the Local

 

Democracy, Economic Development and Construction Act

 

2009;

 

“relevant agency”, in relation to a local authority area, has the meaning

 

given by section 16E(3) of the Children Act 2004;

 

“safeguarding partner”, in relation to a local authority area, has the meaning

 

given by section 16E(3) of the Children Act 2004;

 

“subordinate legislation” has the same meaning as in the Interpretation Act

 

1978;

 

“young people” means people, other than children, under the age of 25.”

 

Member’s explanatory statement

 

This defines terms used in NC2, NC3, NC4, NC5, NC6, NC7, NC8 and this clause.

 


 

Edward Timpson

 

NC10

 

To move the following Clause—

 

         

“Improvement standards

 

(1)    

The Secretary of State may—

 

(a)    

determine and publish improvement standards for social workers in

 

England;

 

(b)    

carry out assessments of whether people meet improvement standards

 

under paragraph (a).

 

(2)    

The Secretary of State may make arrangements for another person to do any or

 

all of those things (and may make payments to that person).

 

(3)    

The Secretary of State must consult such persons as the Secretary of State

 

considers appropriate before determining a standard under subsection (1)(a).

 

(4)    

In this section “improvement standard” means a professional standard the

 

attainment of which demonstrates particular expertise or specialisation.

 

(5)    

Nothing in this section limits anything in section 38.”

 

Member’s explanatory statement

 

This new clause allows the Secretary of State to determine and publish improvement standards for

 

social workers or arrange for someone else to do so. There is also a power to carry out

 

assessments. The clause does not limit the regulator’s functions under clause 38.

 



 
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Revised 09 January 2017