Session 2016-17
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1

 

House of Commons

 
 

Tuesday 13 December 2016

 

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: 35 to 43 and NC17

 

Children and Social Work Bill [Lords]


 

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withdrawn amendments at the end.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 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 12 December (Standing Order

 

No. 83C):

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 13

 

December) meet—

 

(a)  

at 2.00 pm on Tuesday 13 December;

 

(b)  

at 11.30 am and 2.00 pm on Thursday 15 December;

 

(c)  

at 9.25 am and 2.00 pm on Tuesday 10 January;

 

(d)  

at 11.30 am and 2.00 pm on Thursday 12 January;

 

(e)  

at 9.25 am and 2.00 pm on Tuesday 17 January;

 

(2)  

the proceedings shall be taken in the following order: Clauses 1 to 32;

 

Schedule 1; Clause 33; Schedule 2; Clauses 34 to 50; Schedule 3; Clauses 51

 

and 57; new Clauses; new Schedules; Clauses 58 to 64; and remaining

 

proceedings on the Bill; and

 

(3)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 5.00 pm on Tuesday 17 January.


 
 

Public Bill Committee: 13 December 2016                  

2

 

Children and Social Work Bill-[Lords], continued

 
 

Edward Timpson 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).

 


 

Edward Timpson

 

That, subject to the discretion of the Chair, any written evidence received by the

 

Committee shall be reported to the House for publication.

 


 

Mrs Emma Lewell-Buck

 

18

 

Clause  1,  page  1,  line  8,  leave out “have regard to the need”

 

Member’s explanatory statement

 

Amendments 18 to 25 impose a duty on a local authority in respect of how it carries out functions

 

in relation to children and young people.

 

Mrs Emma Lewell-Buck

 

19

 

Clause  1,  page  1,  line  10,  at beginning leave out “to”

 

Member’s explanatory statement

 

See amendment 18.

 

Mrs Emma Lewell-Buck

 

20

 

Clause  1,  page  1,  line  12,  at beginning leave out “to”

 

Member’s explanatory statement

 

See amendment 18.

 

Mrs Emma Lewell-Buck

 

21

 

Clause  1,  page  1,  line  14,  at beginning leave out “to”

 

Member’s explanatory statement

 

See amendment 18.

 

Mrs Emma Lewell-Buck

 

22

 

Clause  1,  page  1,  line  16,  at beginning leave out “to”

 

Member’s explanatory statement

 

See amendment 18.

 

Mrs Emma Lewell-Buck

 

23

 

Clause  1,  page  1,  line  19,  at beginning leave out “to”

 

Member’s explanatory statement

 

See amendment 18.


 
 

Public Bill Committee: 13 December 2016                  

3

 

Children and Social Work Bill-[Lords], continued

 
 

Mrs Emma Lewell-Buck

 

24

 

Clause  1,  page  2,  line  1,  at beginning insert “have regard”

 

Member’s explanatory statement

 

See amendment 18.

 

Mrs Emma Lewell-Buck

 

25

 

Clause  1,  page  2,  line  3,  at beginning leave out “to”

 

Member’s explanatory statement

 

See amendment 18.

 


 

Mrs Emma Lewell-Buck

 

27

 

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

 

“(6A)    

The Secretary of State must publish a national minimum standard for a “local

 

offer for care leavers”.

 

(6B)    

When developing a national minimum standard for the purpose of subsection 6A

 

the Secretary of State must consult relevant agencies responsible for the provision

 

of services under subsection (2).”

 

Member’s explanatory statement

 

This amendment would introduce a national minimum standard for a local offer for care leavers,

 

which is to be developed in consultation with relevant parties.

 

Mrs Emma Lewell-Buck

 

26

 

Clause  2,  page  3,  line  20,  at end insert—

 

“(e)    

unaccompanied asylum seeking children up to the point that they leave

 

the United Kingdom”

 

Member’s explanatory statement

 

This amendment introduces an additional definition for “care leavers”.

 


 

Mrs Emma Lewell-Buck

 

28

 

Clause  3,  page  4,  line  10,  after “the” insert “physical and mental health, emotional

 

well-being and”

 

Mrs Emma Lewell-Buck

 

30

 

Clause  3,  page  4,  line  11,  after “child” insert “, including their needs as a young

 

parent where applicable,”


 
 

Public Bill Committee: 13 December 2016                  

4

 

Children and Social Work Bill-[Lords], continued

 
 

Mrs Emma Lewell-Buck

 

29

 

Clause  3,  page  4,  line  16,  at end insert—

 

“(5A)    

The assessment of the former relevant child’s mental health and emotional well-

 

being under subsection (5) must be carried out by a qualified mental health

 

professional.”

 

Mrs Emma Lewell-Buck

 

31

 

Clause  3,  page  4,  line  26,  at end insert—

 

“(9)    

In this section “young parent” means—

 

(a)    

an expectant parent,

 

(b)    

a parent who has their child or children in care, or

 

(c)    

a parent who had a child removed to kinship care, local authority care, or

 

adoption.”

 


 

Edward Timpson

 

1

 

Clause  4,  page  5,  line  35,  leave out from beginning to end of line 4 on page 6 and

 

insert—

 

“(6)    

In this section—

 

“relevant child” means—

 

(a)    

a child who was looked after by the local authority or another

 

local authority in England or Wales but ceased to be so looked

 

after as a result of—

 

(i)    

a child arrangements order which includes arrangements

 

relating to with whom the child is to live, or when the

 

child is to live with any person,

 

(ii)    

a special guardianship order, or

 

(iii)    

an adoption order within the meaning given by section

 

72(1) of the Adoption Act 1976 or section 46(1) of the

 

Adoption and Children Act 2002, or

 

(b)    

a child who appears to the local authority—

 

(i)    

to have been in state care in a place outside England and

 

Wales because he or she would not otherwise have been

 

cared for adequately, and

 

(ii)    

to have ceased to be in that state care as a result of being

 

adopted.”

 

Member’s explanatory statement

 

This amendment, together with amendment 2, would extend the duty of a local authority under

 

clause 4 (duty to provide information and advice for promoting educational achievement) to

 

children who were adopted from state care outside England and Wales.


 
 

Public Bill Committee: 13 December 2016                  

5

 

Children and Social Work Bill-[Lords], continued

 
 

Mrs Emma Lewell-Buck

 

32

 

Clause  4,  page  6,  line  4,  at end insert—

 

“(d)    

returning home to the care of a parent.”

 

Member’s explanatory statement

 

This amendment, together with amendments 33 and 34, would ensure children returning home

 

after a period in care are afforded the same promotion of their educational attainment as those

 

children who have ceased to be in care as a result of adoption, special guardianship orders or

 

child arrangements orders.

 

Edward Timpson

 

2

 

Clause  4,  page  6,  line  13,  at end insert—

 

“(8)    

For the purposes of this section a child is in “state care” if he or she is in the care

 

of, or accommodated by—

 

(a)    

a public authority,

 

(b)    

a religious organisation, or

 

(c)    

any other organisation the sole or main purpose of which is to benefit

 

society.”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 1.

 


 

Edward Timpson

 

3

 

Clause  5,  page  6,  leave out lines 24 to 36 and insert—

 

“(2)    

A registered pupil is within this subsection if the pupil—

 

(a)    

was looked after by a local authority but ceased to be looked after by

 

them as a result of—

 

(i)    

a child arrangements order (within the meaning given by section

 

8(1) of the 1989 Act) which includes arrangements relating to

 

with whom the child is to live, or when the child is to live with

 

any person,

 

(ii)    

a special guardianship order (within the meaning given by

 

section 14A(1) of the 1989 Act), or

 

(iii)    

an adoption order (within the meaning given by section 72(1) of

 

the Adoption Act 1976 or section 46(1) of the Adoption and

 

Children Act 2002), or

 

(b)    

appears to the governing body—

 

(i)    

to have been in state care in a place outside England and Wales

 

because he or she would not otherwise have been cared for

 

adequately, and

 

(ii)    

to have ceased to be in that state care as a result of being

 

adopted.”

 

Member’s explanatory statement

 

This amendment, together with amendment 5, would extend the duty of a governing body of a

 

maintained school under clause 5 (duty to appoint staff member for promoting educational

 

achievement) to children who were adopted from state care outside England and Wales.


 
 

Public Bill Committee: 13 December 2016                  

6

 

Children and Social Work Bill-[Lords], continued

 
 

Mrs Emma Lewell-Buck

 

33

 

Clause  5,  page  6,  line  36,  at end insert—

 

“(d)    

returning home to the care of a parent.”

 

Member’s explanatory statement

 

See explanatory statement for amendment 32.

 

Edward Timpson

 

4

 

Clause  5,  page  6,  line  43,  leave out from “is” to end of line 45 and insert ““looked

 

after by a local authority” if the person is looked after by a local authority for the purposes

 

of the 1989 Act or Part 6 of the 2014 Act.”

 

Member’s explanatory statement

 

This amendment and amendment 7 make changes to reflect the fact that provision about looked

 

after children in Wales is now in Part 6 of the Social Services and Well-being (Wales) Act 2014,

 

instead of in the Children Act 1989.

 

Edward Timpson

 

5

 

Clause  5,  page  6,  line  45,  at end insert—

 

“(5A)    

For the purposes of this section a person is in “state care” if he or she is in the care

 

of, or accommodated by—

 

(a)    

a public authority,

 

(b)    

a religious organisation, or

 

(c)    

any other organisation the sole or main purpose of which is to benefit

 

society.”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 3.

 


 

Edward Timpson

 

6

 

Clause  6,  page  7,  line  46,  at end insert “or

 

(c)    

appears to the proprietor of the Academy—

 

(i)    

to have been in state care in a place outside England and Wales

 

because he or she would not otherwise have been cared for

 

adequately, and

 

(ii)    

to have ceased to be in that state care as a result of being

 

adopted;”

 

Member’s explanatory statement

 

This amendment, together with amendment 8, would extend the duty of an Academy proprietor

 

included in an Academy agreement under clause 6 (duty to appoint staff member for promoting

 

educational achievement) to children who were adopted from state care outside England and

 

Wales.


 
 

Public Bill Committee: 13 December 2016                  

7

 

Children and Social Work Bill-[Lords], continued

 
 

Mrs Emma Lewell-Buck

 

34

 

Clause  6,  page  7,  line  46,  at end insert—

 

“(c)    

was looked after by a local authority but has ceased to be so looked after

 

as a result of returning home to the care of a parent.”

 

Member’s explanatory statement

 

See explanatory statement for amendment 32.

 

Edward Timpson

 

7

 

Clause  6,  page  8,  line  11,  leave out from “is” to end of line 13 and insert ““looked

 

after by a local authority” if the person is looked after by a local authority for the purposes

 

of the Children Act 1989 or Part 6 of the Social Services and Well-being (Wales) Act 2014

 

(anaw 4).”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 4.

 

Edward Timpson

 

8

 

Clause  6,  page  8,  line  13,  at end insert—

 

“(5A)    

For the purposes of this section a person is in “state care” if he or she is in the care

 

of, or accommodated by—

 

(a)    

a public authority,

 

(b)    

a religious organisation, or

 

(c)    

any other organisation the sole or main purpose of which is to benefit

 

society.”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 6.

 


 

Mrs Emma Lewell-Buck

 

43

 

Parliamentary Star    

Page  9,  line  3,  leave out Clause 9

 


 

Edward Timpson

 

That clause 11 be transferred to the end of line 12 on page 22.

 

Member’s explanatory statement

 

This motion would facilitate the division of Chapter 2 of Part 1 into three shorter Chapters, to be

 

entitled “safeguarding of children”, “children’s social care: different ways of working” and

 

“other provision relating to children”. Transferring clause 11 would enable it to appear in the

 

Chapter entitled “other provision relating to children”.

 



 
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Revised 12 December 2016