Session 2016-17
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Other Bills before Parliament


 
 

Notices of Amendments: 10 January 2017                  

8

 

Children and Social Work Bill-[Lords], continued

 
 

(c)    

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

 

18 years.”

 

Member’s explanatory statement

 

This new clause would extend the provisions for placement orders under section 21 of the Adoption

 

and Children Act 2002 to special guardianship orders.

 


 

Mrs Emma Lewell-Buck

 

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.”

 


 

Mrs Emma Lewell-Buck

 

NC24

 

To move the following Clause—

 

         

“Legal aid for parents who are care leavers: children in voluntary

 

accommodation and to be placed in a foster for adoption placement

 

After regulation 5(1)(e) of the Civil Legal Aid (Financial Resources and Payment

 

for Services) Regulations 2013, insert—

 

“(ea)    

family help (lower) in any matter described in paragraph 1(1)(b)

 

(care, supervision and protection of children) or paragraph

 

1(1)(i) (placement orders, recovery orders or adoption orders) of

 

Part 1 of Schedule 1 to the Act to the extent that the matter

 

concerns a placement to be made or contemplated to be made

 

under section 22C(9B)(c) of the Children Act 1989 (placement

 

with a local authority foster parent who has been approved as a

 

prospective adopter), where the child is being accommodated

 

under section 20 of that Act, and the individual to whom the

 

family help (lower) may be provided is—

 

(i)    

the parent of a child, or the person with parental

 

responsibility for a child within the meaning of the

 

Children Act 1989 in respect of whom a local authority

 

has given notice of a placement or contemplated

 

placement under s22C subsection (9B)(c) of that Act and

 

is themselves a looked after child or a care leaver, or

 

(ii)    

in the case of an unborn child in respect of whom a local

 

authority has given notice of a placement or


 
 

Notices of Amendments: 10 January 2017                  

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Children and Social Work Bill-[Lords], continued

 
 

contemplated placement under section 22C(9B)(c) of

 

the Children Act 1989, the person who, following the

 

birth of the child—

 

(a)    

is a looked after child or a care leaver,

 

(b)    

will be the parent of the child, and

 

(c)    

will have parental responsibility for the child

 

within the meaning of the Children Act 1989.””

 

Member’s explanatory statement

 

This new clause would allow access to free, independent legal advice for parents, who are

 

themselves a looked after child or care leaver, and whose children are in voluntary placement and

 

are to be placed in a foster for adoption placement.

 


 

Mrs Emma Lewell-Buck

 

NC25

 

To move the following Clause—

 

         

“Legal aid for parents who are care leavers: children subject to a placement

 

order application

 

After regulation 5(1)(d) of the Civil Legal Aid (Financial Resources and Payment

 

for Services) Regulations 2013, insert—

 

“(da)    

legal representation in proceedings for a placement order under

 

Chapter 3 of Part 1 of the 2002 Act where the individual to whom

 

legal representation may be provided is—

 

(i)    

the parent of a child or a person with parental

 

responsibility for the child within the meaning of the

 

Children Act 1989,

 

(ii)    

is themselves a looked after child or care leaver, and

 

(iii)    

would not otherwise be entitled to legal representation

 

under paragraphs (c) or (d) of this regulation.””

 

Member’s explanatory statement

 

This new clause would ensure access to free, independent legal advice and representation for

 

parents, who are themselves a looked after child or care leaver, and whose children are subject to

 

a placement order application (permission to place a child for adoption).

 


 

Mrs Emma Lewell-Buck

 

NC26

 

To move the following Clause—

 

         

“Post-removal counselling for parents and legal guardians who are

 

themselves looked after children or care leavers

 

After section 19 of the Children Act insert—

 

“19A  

  Post-removal counselling for parents and legal guardians

 

Where a child is permanently removed from the care of a birth parent or

 

a guardian under the powers in section 31 of the Children Act 1989 (care


 
 

Notices of Amendments: 10 January 2017                  

10

 

Children and Social Work Bill-[Lords], continued

 
 

and supervision orders), a local authority must, so far as is reasonably

 

practicable, provide a counselling service and commission therapeutic

 

support for the parent or guardian where—

 

(a)    

the parent or guardian is a looked after child, or

 

(b)    

the parent or guardian is a care leaver.””

 

Member’s explanatory statement

 

This new clause would provide post-removal support for parents who are themselves a looked after

 

child or care leaver.

 


 

Mrs Emma Lewell-Buck

 

NC27

 

To move the following Clause—

 

         

“Placing children in secure accommodation elsewhere in Great Britain

 

(1)    

Schedule (Placing children in secure accommodation elsewhere in Great Britain)

 

ends at the end of the period of two years beginning with the day on which this

 

Act is passed.”

 

Member’s explanatory statement

 

This new clause would revoke provisions in the Bill that enable local authorities in England and

 

Wales to place children in secure accommodation in Scotland, and vice versa, two years after the

 

Act comes into force.

 


 

Mrs Emma Lewell-Buck

 

NC28

 

To move the following Clause—

 

         

“Guidance on the handling of child to child abuse in schools

 

For the purpose of safeguarding and promoting the welfare of children, within

 

eight weeks of this Act coming into force the Secretary of State must issue

 

guidance to all schools on how to handle allegations of abuse made by a child

 

against another child at the school.”

 

Member’s explanatory statement

 

This new clause would place a duty on the Secretary of State to issue guidance to all schools on

 

how to handle allegations of child to child abuse.

 


 

Mrs Emma Lewell-Buck

 

NC29

 

Parliamentary Star    

To move the following Clause—

 

         

“Safeguarding children: charging for evidence of domestic violence

 

(1)    

For the purposes of section 16E(2), the arrangements to be made by safeguarding

 

partners must include arrangements for an annual assessment of the impact of


 
 

Notices of Amendments: 10 January 2017                  

11

 

Children and Social Work Bill-[Lords], continued

 
 

general practitioners or other health professionals charging for the provision of

 

evidence of domestic violence, or the risk of domestic violence, on the welfare

 

and safeguarding of children in the area.

 

(2)    

The safeguarding partners must conduct the first assessment made under sub-

 

section (1) at the end of the period of six months beginning with the day on which

 

this Act is passed.

 

(3)    

At least once in every 12 month period, the safeguarding partners must report to

 

the Secretary of State the findings of assessments carried out under section

 

16E(2A).

 

    

The report must be made publicly available.

 

(4)    

If the Secretary of State considers that the findings under subsection (8) show that

 

charging by general practitioners or other health professionals for the provision

 

of evidence of domestic violence, or the risk of domestic violence, is having a

 

detrimental impact on the welfare and safeguarding of children, the Secretary of

 

State must amend regulations to prohibit such charges.

 

(5)    

For the purposes of subsection (1) “evidence” has the same meaning as in

 

regulation 33 of the Civil Legal Aid (Procedure) Regulations 2012.”

 

 


 

NEW SCHEDULE

 

Edward Timpson

 

NS1

 

To move the following Schedule—

 

“Schedule

 

Placing children in secure accommodation elsewhere in Great Britain

 

Children Act 1989

 

1          

The Children Act 1989 is amended as follows.

 

2    (1)  

Section 25 (use of accommodation in England for restricting liberty of children

 

looked after by English and Welsh local authorities)—

 

(a)    

is to extend also to Scotland, and

 

(b)    

is amended as follows.

 

      (2)  

In subsection (1)—

 

(a)    

for “or local authority in Wales” substitute “in England or Wales”;

 

(b)    

after “accommodation in England” insert “or Scotland”;

 

      (3)  

In subsection (2)—

 

(a)    

in paragraphs (a)(i) and (ii) and (b), after “secure accommodation in

 

England” insert “or Scotland”;

 

(b)    

in paragraph (c), for “or local authorities in Wales” substitute “in

 

England or Wales”;

 

      (4)  

After subsection (5) insert—

 

“(5A)    

Where a local authority in England or Wales are authorised under this

 

section to keep a child in secure accommodation in Scotland, the

 

person in charge of the accommodation may restrict the child’s liberty


 
 

Notices of Amendments: 10 January 2017                  

12

 

Children and Social Work Bill-[Lords], continued

 
 

to the extent that the person considers appropriate, having regard to the

 

terms of any order made by a court under this section.”

 

      (5)  

In subsection (7)—

 

(a)    

in paragraph (c), after “secure accommodation in England” insert “or

 

Scotland”;

 

(b)    

after that paragraph, insert—

 

“(d)    

a child may only be placed in secure accommodation

 

that is of a description specified in the regulations

 

(and the description may in particular be framed by

 

reference to whether the accommodation, or the

 

person providing it, has been approved by the

 

Secretary of State or the Scottish Ministers).”

 

      (6)  

After subsection (8) insert—

 

“(8A)    

Sections 168 and 169(1) to (4) of the Children’s Hearings (Scotland)

 

Act 2011 (asp 1) (enforcement and absconding) apply in relation to an

 

order under subsection (4) above as they apply in relation to the orders

 

mentioned in section 168(3) or 169(1)(a) of that Act.”

 

3          

In paragraph 19(9) of Schedule 2 (restrictions on arrangements for children to

 

live abroad), after “does not apply” insert “—

 

(a)    

to a local authority placing a child in secure

 

accommodation in Scotland under section 25, or

 

(b)    

”.

 

Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505)

 

4          

The Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505) are

 

amended as follows.

 

5          

In regulation 1—

 

(a)    

in the heading, for “and commencement” substitute “, commencement

 

and extent;

 

(b)    

the existing text becomes paragraph (1);

 

(c)    

after that paragraph insert—

 

“(2)    

This Regulation and Regulations 10 to 13 extend to England

 

and Wales and Scotland.

 

(3)    

Except as provided by paragraph (2), these Regulations

 

extend to England and Wales.”

 

6          

In regulation 2(1) (interpretation), in the definition of “children’s home”, for

 

the words from “means” to the end, substitute “means—

 

(a)    

a private children’s home, a community home or a voluntary home in

 

England, or

 

(b)    

an establishment in Scotland (whether managed by a local authority, a

 

voluntary organisation or any other person) which provides residential

 

accommodation for children for the purposes of the Children’s

 

Hearings (Scotland) Act 2011, the Children (Scotland) Act 1995 or the

 

Social Work (Scotland) Act 1968”.

 

7          

For regulation 3 substitute—

 

“3      

Approval by Secretary of State of secure accommodation in a

 

children’s home


 
 

Notices of Amendments: 10 January 2017                  

13

 

Children and Social Work Bill-[Lords], continued

 
 

(1)    

Accommodation in a children’s home shall not be used as secure

 

accommodation unless —

 

(a)    

in the case of accommodation in England, it has been

 

approved by the Secretary of State for that use;

 

(b)    

in the case of accommodation in Scotland, it is provided by a

 

service which has been approved by the Scottish Ministers

 

under paragraph 6(b) of Schedule 12 to the Public Services

 

Reform (Scotland) Act 2010.

 

(2)    

Approval by the Secretary of State under paragraph (1) may be given

 

subject to any terms and conditions that the Secretary of State thinks

 

fit.”

 

8          

In regulation 17 (records), in the words before paragraph (a), after “children’s

 

home” insert “in England”.

 

Secure Accommodation (Scotland) Regulations 2013 (S.S.I. 2013 No. 205)

 

9          

The Secure Accommodation (Scotland) Regulations 2013 (S.S.I. 2013 No.

 

205) are amended as follows.

 

10         

In regulation 5 (maximum period in secure accommodation), after paragraph

 

(2) insert—

 

“(3)    

This regulation does not apply in relation to a child placed in secure

 

accommodation in Scotland under section 25 of the Children Act 1989

 

(which allows accommodation in Scotland to be used for restricting

 

the liberty of children looked after by English and Welsh local

 

authorities).”

 

11         

In regulation 15 (records to be kept by managers of secure accommodation in

 

Scotland), after paragraph (2) insert—

 

“(3)    

The managers must provide the Secretary of State or Welsh Ministers,

 

on request, with copies of any records kept under this regulation that

 

relate to a child placed in secure accommodation under section 25 of

 

the Children Act 1989 (which allows local authorities in England or

 

Wales to place children in secure accommodation in Scotland).”

 

Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions

 

and Savings) Order 2013 (S.I. 2013 No. 1465)

 

12         

In Article 7 of the Children’s Hearings (Scotland) Act 2011 (Consequential

 

and Transitional Provisions and Savings) Order 2013 (S.I. 2013 No. 1465)

 

(compulsory supervision orders and interim compulsory supervision orders),

 

after paragraph (2) insert—

 

“(3)    

Where—

 

(a)    

a compulsory supervision order or interim compulsory

 

supervision order contains a requirement of the type

 

mentioned in section 83(2)(a) of the 2011 Act and a secure

 

accommodation authorisation (as defined in section 85 of that

 

Act),

 

(b)    

the place at which the child is required to reside in accordance

 

with the order is a place in England or Wales, and

 

(c)    

by virtue of a decision to consent to the placement of the child

 

in secure accommodation made under article 16, the child is

 

to be placed in secure accommodation within that place,


 
 

Notices of Amendments: 10 January 2017                  

14

 

Children and Social Work Bill-[Lords], continued

 
 

    

the order is authority for the child to be placed and kept in secure

 

accommodation within that place.”

 

Social Services and Well-being (Wales) Act 2014 (anaw 4)

 

13         

In section 124(9) of the Social Services and Well-being (Wales) Act 2014

 

(anaw 4) (restrictions on arrangements for children to live outside England and

 

Wales), after “does not apply” insert “—

 

(a)    

to a local authority placing a child in secure accommodation

 

in Scotland under section 25 of the Children Act 1989, or

 

(b)    

”.

 

Saving for existing powers

 

14         

The amendments made by this Schedule to provisions of subordinate

 

legislation do not affect the power to make further subordinate legislation

 

amending or revoking the amended provisions.”

 

Member’s explanatory statement

 

See the explanatory statement for NC1.

 

 


 

Edward Timpson

 

9

 

Clause  62,  page  33,  line  12,  at end insert—

 

“(A1)    

Section (Placing children in secure accommodation elsewhere in Great Britain)

 

and paragraphs 2, 4, 5 and 14 of Schedule (Placing children in secure

 

accommodation elsewhere in Great Britain) extend to England and Wales and

 

Scotland.”

 

Member’s explanatory statement

 

This amendment would ensure that, where paragraphs of NS1 provide for legislation to extend to

 

England and Wales and Scotland, the paragraphs themselves have the same extent.

 

Edward Timpson

 

10

 

Clause  62,  page  33,  line  13,  leave out subsection (1)

 

Member’s explanatory statement

 

The subsection left out by this amendment is replaced by amendment 13.

 

Edward Timpson

 

11

 

Clause  62,  page  33,  line  14,  at beginning insert “Except as mentioned in subsection

 

(A1),”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 9.

 

Edward Timpson

 

12

 

Clause  62,  page  33,  line  15,  leave out “enactment” and insert “provision”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 9.


 
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Revised 10 January 2017