Session 2016-17
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1

 

House of Commons

 
 

Thursday 12 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

 

Amendments tabled since the last publication: 44

 

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includes any withdrawn amendments at the end.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

 

Mrs Emma Lewell-Buck

 

NC13

 

To move the following Clause—

 

         

“Review of access to education for care leavers

 

(1)    

The Secretary of State must carry out an annual review on access for care leavers

 

to—

 

(a)    

apprenticeships,

 

(b)    

further education, and

 

(c)    

higher education.

 

(2)    

The first review must take place by the end of the period of one year beginning

 

with the day on which this Act is passed.

 

(3)    

A report produced following a review under sub-section (1) must include, in

 

particular, an assessment of the impact of—

 

(a)    

fee waivers,

 

(b)    

grants, and


 
 

Public Bill Committee: 12 January 2017                  

2

 

Children and Social Work Bill-[Lords], continued

 
 

(c)    

reduced costs of accommodation.

 

    

The report must be made publicly available.”

 


 

Mrs Emma Lewell-Buck

 

Kate Green

 

NC14

 

To move the following Clause—

 

         

“Duty to have due regard to United Nations Convention on the Rights of the

 

Child

 

(1)    

A public authority must, in the exercise of its functions relating to safeguarding

 

and the welfare of children, have due regard to the UN Convention on the Rights

 

of the Child.

 

(2)    

For the purposes of this section—

 

(a)    

“public authority” has the same meaning as in section 6 of the Human

 

Rights Act 1998, and

 

(b)    

“United Nations Convention on the Rights of the Child” has the same

 

meaning as in section 2A(2) of the Children Act 2004.”

 


 

Mrs Emma Lewell-Buck

 

NC15

 

To move the following Clause—

 

         

“Sibling contact for looked after children

 

(1)    

In section 34(1) of the Children Act 1989, after paragraph (d) insert—

 

“(e)    

his siblings (whether of the whole or half blood).”

 

(2)    

In paragraph 15(1) of Schedule 2 to the Children Act 1989, after paragraph (c)

 

insert—

 

“(d)    

his siblings (whether of the whole or half blood).””

 

Member’s explanatory statement

 

This new clause would ensure that children in care are allowed reasonable contact with their

 

siblings.

 



 
 

Public Bill Committee: 12 January 2017                  

3

 

Children and Social Work Bill-[Lords], continued

 
 

Mrs Emma Lewell-Buck

 

NC16

 

To move the following Clause—

 

         

“National offer for care leavers

 

(1)    

The Universal Credit Regulations 2013 are amended as follows—

 

(a)    

in regulation 102(2)—

 

(i)    

in paragraph (a) after “18 or over” insert “and paragraph (b) does

 

not apply”;

 

(ii)    

in paragraph (b) after “16 or 17” insert “or is a care leaver within

 

the meaning given by section 2 of the Children and Social Work

 

Act 2016 and is under the age of 25”;

 

(b)    

in regulation 103(2)—

 

(i)    

in paragraph (a) after “18 or over” insert “and paragraph (b) does

 

not apply”;

 

(ii)    

in paragraph (b) after “16 or 17” insert “or is a care leaver within

 

the meaning given by section 2 of the Children and Social Work

 

Act 2016 and is under the age of 25”;

 

(c)    

in regulation 104(2) after “18 or over” insert “and section (3) does not

 

apply”.

 

(d)    

in regulation 104(3) after “16 or 17” insert “or is a care leaver within the

 

meaning given by section 2 of the Children and Social Work Act 2016

 

and is under the age of 25”.

 

(2)    

The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 are

 

amended as follows—

 

(a)    

in regulation 4(1), Second Condition, after paragraph (b) insert—

 

“(c)    

is aged at least 18 and is a care leaver within the meaning

 

given by section 2 of the Children and Social Work Act

 

2016, and is under the age of 25, and undertakes not less

 

than 30 hours work per week.”

 

(3)    

The Housing Benefit Regulations 2009 are amended as follows—

 

(a)    

in regulation 2, in the definition of “young individual”, in each of

 

paragraphs (b), (c), (d), (e) and (f), for “22 years” substitute “25 years”.

 

(4)    

The Local Government Finance Act 1992 is amended as follows—

 

(a)    

in section 6(4) (persons liable to pay council tax), after “etc)” insert “or

 

10A (care leavers)”;

 

(b)    

in Schedule 1 (persons disregarded for purposes of discount), after

 

paragraph 10 insert—

 

“Care leavers

 

10A(1)  

A person shall be disregarded for the purposes of discount on

 

a particular day if on the day the person is—

 

(a)    

a care leaver within the meaning given by section 2 of

 

the Children and Social Work Act 2016; and

 

(b)    

under the age of 25.”

 

(5)    

The Council Tax (Exempt Dwellings) Order 1992 is amended as follows—

 

(a)    

in Article 3, Class N, after paragraph 1(b) insert—

 

“(c)    

occupied only by one or more care leavers within the

 

meaning given by section 2 of the Children and Social

 

Work Act 2016 who are under the age of 25.”


 
 

Public Bill Committee: 12 January 2017                  

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Children and Social Work Bill-[Lords], continued

 
 

(6)    

A statutory instrument containing regulations under this section may not be made

 

unless a draft of the instrument has been laid before, and approved by a resolution

 

of, each House of Parliament.”

 


 

Mrs Emma Lewell-Buck

 

NC17

 

To move the following Clause—

 

         

“Pre-proceedings work with families

 

In section 47 of the Children Act 1989 (local authority’s duty to investigate) after

 

subsection (8) insert—

 

“(8A)    

Where, as a result of complying with this section, a local authority

 

conclude that a child may need to become looked after in order to

 

safeguard and promote their welfare, the local authority must, unless

 

emergency action is required—

 

(a)    

identify and consider the willingness and suitability of any

 

relative, friend or other person connected with the child, to care

 

for them as an alternative to them becoming looked after by

 

unrelated carers; and

 

(b)    

offer the child’s parents or other person with parental

 

responsibility a family group conference to develop a plan which

 

will safeguard and promote the child’s welfare.””

 

Member’s explanatory statement

 

This new clause would ensure effective work is undertaken with the family so that all safe family

 

options are explored at an early stage of intervention.

 


 

Mrs Emma Lewell-Buck

 

Tulip Siddiq

 

NC18

 

To move the following Clause—

 

         

“Assessment of physical and mental health and emotional wellbeing needs

 

(1)    

In section 22C of the Children Act 1989, after subsection 11 insert—

 

“(11A)    

Regulations made under subsection (11) must make arrangements for—

 

(a)    

the assessment of a looked after child’s mental and physical

 

health and emotional wellbeing needs, and

 

(b)    

the assessment of the mental and physical health and emotional

 

wellbeing needs of relevant and former relevant children.

 

(11B)    

Subsection (11A) shall come into force at the end of the financial year

 

ending with 31 March 2019.””

 

Member’s explanatory statement

 

This new clause requires the Secretary of State to make regulations for mental health assessments


 
 

Public Bill Committee: 12 January 2017                  

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Children and Social Work Bill-[Lords], continued

 
 

for looked after children. A time delay in commencement is included to allow time for the pilots to

 

be completed before details of the regulations are decided.

 


 

Mrs Emma Lewell-Buck

 

Tulip Siddiq

 

NC19

 

To move the following Clause—

 

         

“Duty to promote physical and mental health and emotional well-being

 

(1)    

In section 22 of the Children Act 1989, in subsection (3)(a) at end insert—

 

“(3D)    

The duty of a local authority under subsection (3)(a) to safeguard and

 

promote the welfare of a child looked after by them includes a particular

 

a duty to promote the child’s physical and mental health and emotional

 

wellbeing.

 

(3E)    

For the purpose of supporting a local authority in discharging its duty

 

under subsection (3D), each clinical commissioning group must

 

appoint—

 

(a)    

at least one registered medical practitioner, and

 

(b)    

at least one registered nurse,

 

    

for each local authority with which any part of the clinical

 

commissioning group overlaps.””

 

Member’s explanatory statement

 

This new clause would improve the outcomes for looked after children through a clarification of

 

duties of cross agency working between local authorities and health partners, by elevating the

 

roles of designated doctors and nurses into primary legislation.

 


 

Mrs Emma Lewell-Buck

 

NC20

 

To move the following Clause—

 

         

“Former relevant children: provision of sufficient suitable accommodation

 

(1)    

In the Children Act 1989, after section 23C insert—

 

“23CA

  Duty on local authorities to secure sufficient accommodation for

 

former relevant children

 

(1)    

It is the general duty of a local authority to take steps that secure, so far

 

as reasonably practicable, the outcome in subsection (2).

 

(2)    

The outcome is that the local authority secures sufficient suitable

 

accommodation (whether or not provided by them) within their area to

 

meet the needs of former relevant children, where “former relevant

 

children” has the same meaning as in section 23C(1) of this Act.


 
 

Public Bill Committee: 12 January 2017                  

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Children and Social Work Bill-[Lords], continued

 
 

(3)    

In taking steps to secure the outcome in subsection (2), the local authority

 

must—

 

(a)    

produce, and make available to all former relevant children,

 

information about the providers of accommodation and the types

 

of accommodation they provide,

 

(b)    

be aware of the current and expected future demand for such

 

accommodation and consider how providers might meet that

 

demand, and

 

(c)    

have regard to—

 

(i)    

the need to ensure the sustainability of the market, and

 

(ii)    

the need to encourage providers to innovate and

 

continuously improve the quality of such

 

accommodation and the efficiency and effectiveness

 

with which it is provided.””

 

Member’s explanatory statement

 

This new clause would establish a clear statutory duty on local authorities to secure sufficient,

 

suitable accommodation for all care leavers up to age 21. Local authorities already have a duty to

 

ensure sufficient accommodation for looked after children in their area.

 


 

Mrs Emma Lewell-Buck

 

NC21

 

To move the following Clause—

 

         

“Designated support for family and friends carers

 

(1)    

In the Children Act 1989, after section 17ZI insert—

 

“17ZJ

  Designated support for family and friends carers

 

Each local authority must appoint at least one person as a designated lead

 

for family and friends care, to co-ordinate the provision within their area

 

of family and friends care support services.””

 

Member’s explanatory statement

 

This new clause would provide kinship carers, council staff and other agencies with clarity as to

 

who is the named senior manager with responsibility for family and friends care in the authority

 

and who has responsibility for ensuring that the local authority complies with family and friends

 

care guidance.

 



 
 

Public Bill Committee: 12 January 2017                  

7

 

Children and Social Work Bill-[Lords], continued

 
 

Mrs Emma Lewell-Buck

 

NC22

 

To move the following Clause—

 

         

“Extending Placement Orders to Special Guardianship Orders

 

In the Adoption and Children Act 2002, after section 21, insert—

 

“21A  

Placement orders: special guardianship orders

 

(1)    

In this section a placement order is an order made by the court authorising

 

a local authority to place a child, whom that local authority has decided

 

should be placed under a special guardianship order, with any

 

prospective special guardian who may be identified by the authority.

 

(2)    

A “prospective special guardian” is a person who is entitled to apply for

 

a special guardianship order with respect to a child under section 14A(5)

 

of the Children Act 1989.

 

(3)    

The court may not make a placement order in respect of a child unless—

 

(a)    

the child is subject to a care order,

 

(b)    

the court is satisfied that the conditions in section 31(2) of the

 

Children Act 1989 (conditions for making a care order) are met,

 

or

 

(c)    

the child has no parent or guardian.

 

(4)    

The court may only make a placement order if the court is satisfied—

 

(a)    

that no other permanence order is appropriate and that only a

 

special guardianship order will meet the needs of the child, and

 

(b)    

in the case of each parent or guardian of the child—

 

(i)    

that the parent or guardian has consented to the child

 

being placed under a special guardianship order with the

 

prospective special guardian identified by the local

 

authority and has not withdrawn consent, or

 

(ii)    

that the parent’s or guardian’s consent should be

 

dispensed with.

 

    

This subsection is subject to section 52 (parental etc consent).

 

(5)    

When making a decision in any proceedings where the court might make

 

a placement order, the court must apply the welfare checklist under

 

section 1(4) of this Act and must consider the whole range of powers

 

available to it in the child’s case (whether under this Act or the Children

 

Act 1989), including making no order.

 

(6)    

On the making of a placement order and until such an order is revoked—

 

(a)    

any existing child arrangement or supervision order ceases to

 

have effect,

 

(b)    

no other order may be applied for, and

 

(c)    

a care order is suspended.

 

(7)    

A placement order continues in force until—

 

(a)    

it is revoked under section 24,

 

(b)    

a special guardianship order is made in respect of the child, or


 
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Revised 11 January 2017