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House of Commons

Thursday 12 January 2017

Public Bill Committee Proceedings

Children and Social Work Bill [Lords]

[Seventh and Eighth Sittings]

Glossary

This document shows the fate of each clause, schedule, amendment and new clause.

The following terms are used:

Agreed to: agreed without a vote.

Agreed to on division: agreed following a vote.

Negatived: rejected without a vote.

Negatived on division: rejected following a vote.

Not called: debated in a group of amendments, but not put to a decision.

Not moved: not debated or put to a decision.

Question proposed: debate underway but not concluded.

Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.

Not selected: not chosen for debate by the Chair.

New Clauses

Mrs Emma Lewell-Buck

Not called  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.

Public Bill Committee Proceedings: 12 January 2017        

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Children and Social Work Bill-[Lords], continued

(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.”

Mrs Emma Lewell-Buck

Kate Green

Withdrawn after debate  NC14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

Negatived on division  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).””

Public Bill Committee Proceedings: 12 January 2017        

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Children and Social Work Bill-[Lords], continued

Mrs Emma Lewell-Buck

Negatived on division  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 Proceedings: 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

Withdrawn after debate  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.””

Mrs Emma Lewell-Buck

Tulip Siddiq

Withdrawn after debate  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.””

Public Bill Committee Proceedings: 12 January 2017        

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Children and Social Work Bill-[Lords], continued

Mrs Emma Lewell-Buck

Tulip Siddiq

Not called  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.””

Mrs Emma Lewell-Buck

Not called  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.

(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

Public Bill Committee Proceedings: 12 January 2017        

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Children and Social Work Bill-[Lords], continued

(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.””

Mrs Emma Lewell-Buck

Withdrawn after debate  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.””

Mrs Emma Lewell-Buck

Negatived on division  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

Public Bill Committee Proceedings: 12 January 2017        

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Children and Social Work Bill-[Lords], continued

(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

(c)    

the child marries, forms a civil partnership or attains the age of

18 years.”

Mrs Emma Lewell-Buck

Withdrawn after debate  NC23

To move the following Clause—

“Standardisation of Local Arrangements for safeguarding and promoting

welfare of children

The safeguarding partners for a local authority area in England must make

arrangements for—

(a)    

safeguarding partners and relevant agencies, where appropriate, to work

across and with multiple local authorities, and

(b)    

a minimum local standard setting out allowances, support, training and

terms and conditions for foster carers.”