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| Children and Social Work Bill [Lords]
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| [Seventh and Eighth Sittings]
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| This document shows the fate of each clause, schedule, amendment and new clause. |
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| The following terms are used: |
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| Agreed to: agreed without a vote. |
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| Agreed to on division: agreed following a vote. |
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| Negatived: rejected without a vote. |
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| Negatived on division: rejected following a vote. |
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| Not called: debated in a group of amendments, but not put to a decision. |
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| Not moved: not debated or put to a decision. |
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| Question proposed: debate underway but not concluded. |
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| Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision. |
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| Not selected: not chosen for debate by the Chair. |
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| | To move the following Clause— |
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| | | “Review of access to education for care leavers |
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| | (1) | The Secretary of State must carry out an annual review on access for care leavers |
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| | (b) | further education, and |
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| | (2) | The first review must take place by the end of the period of one year beginning |
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| | with the day on which this Act is passed. |
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| | (3) | A report produced following a review under sub-section (1) must include, in |
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| | particular, an assessment of the impact of— |
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| | (c) | reduced costs of accommodation. |
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| | | The report must be made publicly available.” |
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| | Withdrawn after debate NC14 |
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| | To move the following Clause— |
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| | | “Duty to have due regard to United Nations Convention on the Rights of the |
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| | (1) | A public authority must, in the exercise of its functions relating to safeguarding |
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| | and the welfare of children, have due regard to the UN Convention on the Rights |
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| | (2) | For the purposes of this section— |
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| | (a) | “public authority” has the same meaning as in section 6 of the Human |
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| | (b) | “United Nations Convention on the Rights of the Child” has the same |
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| | meaning as in section 2A(2) of the Children Act 2004.” |
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| | Negatived on division NC15 |
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| | To move the following Clause— |
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| | | “Sibling contact for looked after children |
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| | (1) | In section 34(1) of the Children Act 1989, after paragraph (d) insert— |
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| | “(e) | his siblings (whether of the whole or half blood).” |
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| | (2) | In paragraph 15(1) of Schedule 2 to the Children Act 1989, after paragraph (c) |
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| | “(d) | his siblings (whether of the whole or half blood).”” |
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| | Negatived on division NC16 |
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| | To move the following Clause— |
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| | | “National offer for care leavers |
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| | (1) | The Universal Credit Regulations 2013 are amended as follows— |
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| | (a) | in regulation 102(2)— |
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| | (i) | in paragraph (a) after “18 or over” insert “and paragraph (b) does |
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| | (ii) | in paragraph (b) after “16 or 17” insert “or is a care leaver within |
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| | the meaning given by section 2 of the Children and Social Work |
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| | Act 2016 and is under the age of 25”; |
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| | (b) | in regulation 103(2)— |
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| | (i) | in paragraph (a) after “18 or over” insert “and paragraph (b) does |
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| | (ii) | in paragraph (b) after “16 or 17” insert “or is a care leaver within |
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| | the meaning given by section 2 of the Children and Social Work |
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| | Act 2016 and is under the age of 25”; |
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| | (c) | in regulation 104(2) after “18 or over” insert “and section (3) does not |
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| | (d) | in regulation 104(3) after “16 or 17” insert “or is a care leaver within the |
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| | meaning given by section 2 of the Children and Social Work Act 2016 |
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| | and is under the age of 25”. |
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| | (2) | The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 are |
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| | (a) | in regulation 4(1), Second Condition, after paragraph (b) insert— |
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| | “(c) | is aged at least 18 and is a care leaver within the meaning |
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| | given by section 2 of the Children and Social Work Act |
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| | 2016, and is under the age of 25, and undertakes not less |
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| | than 30 hours work per week.” |
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| | (3) | The Housing Benefit Regulations 2009 are amended as follows— |
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| | (a) | in regulation 2, in the definition of “young individual”, in each of |
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| | paragraphs (b), (c), (d), (e) and (f), for “22 years” substitute “25 years”. |
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| | (4) | The Local Government Finance Act 1992 is amended as follows— |
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| | (a) | in section 6(4) (persons liable to pay council tax), after “etc)” insert “or |
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| | (b) | in Schedule 1 (persons disregarded for purposes of discount), after |
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| | 10A(1) | A person shall be disregarded for the purposes of discount on |
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| | a particular day if on the day the person is— |
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| | (a) | a care leaver within the meaning given by section 2 of |
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| | the Children and Social Work Act 2016; and |
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| | (b) | under the age of 25.” |
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| | (5) | The Council Tax (Exempt Dwellings) Order 1992 is amended as follows— |
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| | (a) | in Article 3, Class N, after paragraph 1(b) insert— |
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| | “(c) | occupied only by one or more care leavers within the |
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| | meaning given by section 2 of the Children and Social |
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| | Work Act 2016 who are under the age of 25.” |
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| | (6) | A statutory instrument containing regulations under this section may not be made |
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| | unless a draft of the instrument has been laid before, and approved by a resolution |
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| | of, each House of Parliament.” |
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| | Withdrawn after debate NC17 |
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| | To move the following Clause— |
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| | | “Pre-proceedings work with families |
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| | In section 47 of the Children Act 1989 (local authority’s duty to investigate) after |
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| | “(8A) | Where, as a result of complying with this section, a local authority |
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| | conclude that a child may need to become looked after in order to |
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| | safeguard and promote their welfare, the local authority must, unless |
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| | emergency action is required— |
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| | (a) | identify and consider the willingness and suitability of any |
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| | relative, friend or other person connected with the child, to care |
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| | for them as an alternative to them becoming looked after by |
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| | (b) | offer the child’s parents or other person with parental |
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| | responsibility a family group conference to develop a plan which |
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| | will safeguard and promote the child’s welfare.”” |
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| | Withdrawn after debate NC18 |
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| | To move the following Clause— |
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| | | “Assessment of physical and mental health and emotional wellbeing needs |
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| | (1) | In section 22C of the Children Act 1989, after subsection 11 insert— |
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| | “(11A) | Regulations made under subsection (11) must make arrangements for— |
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| | (a) | the assessment of a looked after child’s mental and physical |
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| | health and emotional wellbeing needs, and |
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| | (b) | the assessment of the mental and physical health and emotional |
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| | wellbeing needs of relevant and former relevant children. |
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| | (11B) | Subsection (11A) shall come into force at the end of the financial year |
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| | ending with 31 March 2019.”” |
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| | To move the following Clause— |
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| | | “Duty to promote physical and mental health and emotional well-being |
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| | (1) | In section 22 of the Children Act 1989, in subsection (3)(a) at end insert— |
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| | “(3D) | The duty of a local authority under subsection (3)(a) to safeguard and |
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| | promote the welfare of a child looked after by them includes a particular |
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| | a duty to promote the child’s physical and mental health and emotional |
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| | (3E) | For the purpose of supporting a local authority in discharging its duty |
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| | under subsection (3D), each clinical commissioning group must |
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| | (a) | at least one registered medical practitioner, and |
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| | (b) | at least one registered nurse, |
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| | | for each local authority with which any part of the clinical |
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| | commissioning group overlaps.”” |
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| | To move the following Clause— |
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| | | “Former relevant children: provision of sufficient suitable accommodation |
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| | (1) | In the Children Act 1989, after section 23C insert— |
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| | “23CA | Duty on local authorities to secure sufficient accommodation for |
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| | (1) | It is the general duty of a local authority to take steps that secure, so far |
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| | as reasonably practicable, the outcome in subsection (2). |
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| | (2) | The outcome is that the local authority secures sufficient suitable |
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| | accommodation (whether or not provided by them) within their area to |
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| | meet the needs of former relevant children, where “former relevant |
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| | children” has the same meaning as in section 23C(1) of this Act. |
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| | (3) | In taking steps to secure the outcome in subsection (2), the local authority |
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| | (a) | produce, and make available to all former relevant children, |
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| | information about the providers of accommodation and the types |
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| | of accommodation they provide, |
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| | (b) | be aware of the current and expected future demand for such |
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| | accommodation and consider how providers might meet that |
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| | (i) | the need to ensure the sustainability of the market, and |
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| | (ii) | the need to encourage providers to innovate and |
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| | continuously improve the quality of such |
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| | accommodation and the efficiency and effectiveness |
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| | with which it is provided.”” |
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| | Withdrawn after debate NC21 |
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| | To move the following Clause— |
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| | | “Designated support for family and friends carers |
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| | (1) | In the Children Act 1989, after section 17ZI insert— |
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| | “17ZJ | Designated support for family and friends carers |
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| | Each local authority must appoint at least one person as a designated lead |
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| | for family and friends care, to co-ordinate the provision within their area |
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| | of family and friends care support services.”” |
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| | Negatived on division NC22 |
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| | To move the following Clause— |
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| | | “Extending Placement Orders to Special Guardianship Orders |
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| | In the Adoption and Children Act 2002, after section 21, insert— |
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| | “21A | Placement orders: special guardianship orders |
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| | (1) | In this section a placement order is an order made by the court authorising |
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| | a local authority to place a child, whom that local authority has decided |
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| | should be placed under a special guardianship order, with any |
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| | prospective special guardian who may be identified by the authority. |
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| | (2) | A “prospective special guardian” is a person who is entitled to apply for |
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| | a special guardianship order with respect to a child under section 14A(5) |
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| | of the Children Act 1989. |
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| | (3) | The court may not make a placement order in respect of a child unless— |
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| | (a) | the child is subject to a care order, |
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| | (b) | the court is satisfied that the conditions in section 31(2) of the |
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| | Children Act 1989 (conditions for making a care order) are met, |
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| | (c) | the child has no parent or guardian. |
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| | (4) | The court may only make a placement order if the court is satisfied— |
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| | (a) | that no other permanence order is appropriate and that only a |
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| | special guardianship order will meet the needs of the child, and |
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| | (b) | in the case of each parent or guardian of the child— |
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| | (i) | that the parent or guardian has consented to the child |
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| | being placed under a special guardianship order with the |
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| | prospective special guardian identified by the local |
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| | authority and has not withdrawn consent, or |
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| | (ii) | that the parent’s or guardian’s consent should be |
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| | | This subsection is subject to section 52 (parental etc consent). |
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| | (5) | When making a decision in any proceedings where the court might make |
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| | a placement order, the court must apply the welfare checklist under |
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| | section 1(4) of this Act and must consider the whole range of powers |
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| | available to it in the child’s case (whether under this Act or the Children |
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| | Act 1989), including making no order. |
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| | (6) | On the making of a placement order and until such an order is revoked— |
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| | (a) | any existing child arrangement or supervision order ceases to |
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| | (b) | no other order may be applied for, and |
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| | (c) | a care order is suspended. |
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| | (7) | A placement order continues in force until— |
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| | (a) | it is revoked under section 24, |
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| | (b) | a special guardianship order is made in respect of the child, or |
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| | (c) | the child marries, forms a civil partnership or attains the age of |
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| | Withdrawn after debate NC23 |
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| | To move the following Clause— |
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| | | “Standardisation of Local Arrangements for safeguarding and promoting |
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| | The safeguarding partners for a local authority area in England must make |
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| | (a) | safeguarding partners and relevant agencies, where appropriate, to work |
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| | across and with multiple local authorities, and |
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| | (b) | a minimum local standard setting out allowances, support, training and |
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| | terms and conditions for foster carers.” |
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