Session 2016-17
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Thursday 15 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

 

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includes any withdrawn amendments at the end.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].

 


 

Mrs Emma Lewell-Buck

 

43

 

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”.

 



 
 

Public Bill Committee: 15 December 2016                  

2

 

Children and Social Work Bill-[Lords], continued

 
 

Mrs Emma Lewell-Buck

 

36

 

Clause  13,  page  11,  line  9,  leave out “unless they consider it inappropriate to do so”

 

Member’s explanatory statement

 

This amendment would ensure that the Practice Review Panel publishes a report on the outcome

 

of any review.

 

Mrs Emma Lewell-Buck

 

37

 

Clause  13,  page  11,  line  11,  leave out subsection (5)

 

Member’s explanatory statement

 

This amendment is consequential to amendment 36.

 

Mrs Emma Lewell-Buck

 

41

 

Clause  13,  page  11,  line  30,  at end insert—

 

“(7A)    

When exercising its functions under this section, the Panel must, in particular,

 

have regard to—

 

(a)    

concerns relating to child safeguarding resulting from contact

 

arrangements in families where one of the parents of the child in question

 

has perpetrated domestic abuse, and

 

(b)    

the implementation of Practice Direction 12J in child contact

 

arrangements.”

 

Member’s explanatory statement

 

This amendment would ensure that the Child Safeguarding Review Panel must have regard to

 

circumstances around child contact arrangements that involve parents who have perpetrated

 

domestic abuse. Practice Direction 12J (Child Arrangements and Contact Orders: Domestic

 

Violence and Harm) aims to ensure that contact ordered with a parent who has perpetrated

 

violence or abuse is safe and in the best interests of the child.

 

Mrs Emma Lewell-Buck

 

35

 

Clause  13,  page  11,  line  31,  leave out subsection (8)

 

Member’s explanatory statement

 

This amendment would remove the role of the Secretary of State with regards to giving guidance

 

on serious child safeguarding cases to be reviewed, therefore ensuring the local authority’s

 

independence for this process.

 


 

Mrs Emma Lewell-Buck

 

42

 

Clause  14,  page  12,  line  13,  at end insert—

 

“(c)    

the child dies or is seriously harmed by a perpetrator of domestic abuse

 

in circumstances related to child contact.”

 

Member’s explanatory statement

 

This amendment would ensure that local authorities in England have a duty to notify the Child

 

Safeguarding Practice Review Panel when a child dies or is seriously harmed by a perpetrator of

 

domestic abuse in circumstances related to child contact.

 



 
 

Public Bill Committee: 15 December 2016                  

3

 

Children and Social Work Bill-[Lords], continued

 
 

Stella Creasy

 

Caroline Lucas

 

Mrs Emma Lewell-Buck

 

16

 

Clause  16,  page  13,  line  11,  at end insert “, including unaccompanied refugee

 

children once placed in the area, and unaccompanied refugee children who have been

 

identified for resettlement in the area.”

 


 

Mrs Emma Lewell-Buck

 

40

 

Clause  17,  page  14,  line  12,  leave out subsection (6)

 

Member’s explanatory statement

 

This amendment would remove the role of the Secretary of State in determining certain

 

arrangements for the working practices of safeguarding partners, ensuring that they remain

 

locally accountable.

 


 

Stella Creasy

 

Caroline Lucas

 

Mrs Emma Lewell-Buck

 

17

 

Clause  22,  page  17,  line  5,  at end insert—

 

“(3)    

Guidance given by the Secretary of State in connection with functions conferred

 

by section 16E in relation to unaccompanied refugee children must be developed

 

in accordance with the 1989 Convention on the Rights of the Child.”

 

Mrs Emma Lewell-Buck

 

38

 

Page  16,  line  34,  leave out Clause 22

 


 

Mrs Emma Lewell-Buck

 

39

 

Clause  31,  page  20,  leave out line 4

 

Member’s explanatory statement

 

This amendment would retain reference to the Health Service in the Employment Rights Act 1996.

 



 
 

Public Bill Committee: 15 December 2016                  

4

 

Children and Social Work Bill-[Lords], continued

 
 

Edward Timpson

 

That clause 32 be transferred to the end of line 39 on page 19.

 

Member’s explanatory statement

 

The consequential amendments introduced by clause 32 are in Part 2 of Schedule 1. They replace

 

or remove references to Local Safeguarding Children Boards (abolished by clause 30).

 

Transferring clause 32 would enable it to appear in the new Chapter relating to the safeguarding

 

of children (see the explanatory statement for the motion to transfer clause 11).

 


 

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.

 


 

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),


 
 

Public Bill Committee: 15 December 2016                  

5

 

Children and Social Work Bill-[Lords], continued

 
 

(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.

 

(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.

 



 
 

Public Bill Committee: 15 December 2016                  

6

 

Children and Social Work Bill-[Lords], continued

 
 

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.

 

(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.


 
 

Public Bill Committee: 15 December 2016                  

7

 

Children and Social Work Bill-[Lords], continued

 
 

(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.

 


 

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


 
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Revised 14 December 2016