Session 2016-17
Internet Publications
Other Bills before Parliament


 
 

Public Bill Committee: 15 December 2016                  

8

 

Children and Social Work Bill-[Lords], continued

 
 

(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).

 

(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.

 



 
 

Public Bill Committee: 15 December 2016                  

9

 

Children and Social Work Bill-[Lords], continued

 
 

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;

 

(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;


 
 

Public Bill Committee: 15 December 2016                  

10

 

Children and Social Work Bill-[Lords], continued

 
 

“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.

 



 
 

Public Bill Committee: 15 December 2016                  

11

 

Children and Social Work Bill-[Lords], continued

 
 

Stella Creasy

 

Seema Malhotra

 

Jess Phillips

 

Kate Green

 

Alison McGovern

 

Luciana Berger

Yvonne Fovargue

Anna Turley

Diana Johnson

Kerry McCarthy

Lucy Powell

Ms Angela Eagle

Mary Creagh

Karin Smyth

Liz Kendall

Helen Hayes

Ms Karen Buck

Mrs Sharon Hodgson

Yvette Cooper

Heidi Alexander

Angela Rayner

Caroline Lucas

Mrs Emma Lewell-Buck

 

NC11

 

To move the following Clause—

 

         

“Safeguarding: provision of personal, social and health education

 

(1)    

For the purpose of safeguarding and promoting the welfare of children a local

 

authority in England must ensure that pupils educated in their area receive

 

appropriate personal, social and health education.

 

(2)    

For the purposes of subsection (1) “personal, social and health education” must

 

include but shall not be restricted to—

 

(a)    

sex and relationships education,

 

(b)    

same-sex relationships,

 

(c)    

sexual consent,

 

(d)    

sexual violence, and

 

(e)    

domestic violence.

 

(3)    

Targeted inspections carried out by the Office for Standards in Education,

 

Children’s Services and Skills (Ofsted) under section 136 of the Education and

 

Inspections Act 2006 shall include an assessment of the provision of personal,

 

social and health education under subsection (1), including whether the

 

information provided to pupils is—

 

(a)    

accurate and balanced,

 

(b)    

age-appropriate,

 

(c)    

inclusive, or

 

(d)    

religiously diverse.

 

(4)    

Assessments made under subsection (3) must include an evaluation of any

 

arrangements for pupils of sufficient maturity to request to be wholly or partly

 

excused from participating in personal, social and health education.

 

(5)    

For the purpose of subsection (4) “sufficient maturity” shall be defined in

 

guidance by the Secretary of State.

 

(6)    

Withdrawal from personal, social and health education by pupils under

 

subsection (4) shall not be considered a breach of the safeguarding duties of a

 

local authority.

 

(7)    

This section comes into force at the end of the period of twelve months beginning

 

with the day on which this Act is passed.”

 



 
 

Public Bill Committee: 15 December 2016                  

12

 

Children and Social Work Bill-[Lords], continued

 
 

Steve McCabe

 

NC12

 

To move the following Clause—

 

         

“Arrangements for remaining in a residential children’s home after reaching

 

adulthood

 

(1)    

The Children Act 1989 is amended as follows.

 

(2)    

In section 23CZA (arrangements for certain former relevant children to live with

 

former foster parents)—

 

(a)    

in subsection (2)(b)—

 

(i)    

after “person” insert “or residential children’s home”;

 

(ii)    

leave out “former foster parent” and insert “former care giver”;

 

(iii)    

after second “parent” insert “or residential children’s home”;

 

(b)    

in the second sentence of subsection (2) after “together” insert “, or at the

 

residential children’s home”;

 

(c)    

for all references to “former foster parent” substitute “former care giver”.

 

(3)    

In paragraph 19BA in Part 2 of Schedule 2 (local authority support for looked

 

after children)—

 

(a)    

in sub-paragraph (1), after “parent” insert “or in a residential children’s

 

home”;

 

(b)    

in sub-paragraph (3)(b), after “parent” insert “or residential children’s

 

home”.”

 

Member’s explanatory statement

 

This new clause would extend the “staying put” arrangements that currently exist for young people

 

placed with foster parents to those living in a residential children’s home.

 


 

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

 

(c)    

reduced costs of accommodation.

 

    

The report must be made publicly available.”

 



 
 

Public Bill Committee: 15 December 2016                  

13

 

Children and Social Work Bill-[Lords], continued

 
 

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.

 


 

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”;


 
 

Public Bill Committee: 15 December 2016                  

14

 

Children and Social Work Bill-[Lords], continued

 
 

(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.”

 

(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.”

 



 
PreviousBack to StartNext
 

Revised 14 December 2016