Session 2016-17
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 7 December 2016

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 1 to 15, NC1 to NC9 and NS1

 

Public Bill Committee


 

Children and Social Work Bill [Lords]


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in the

 

order in which they relate to the Bill.

 


 

Edward Timpson

 

1

 

Parliamentary Star    

Clause  4,  page  5,  line  35,  leave out from beginning to end of line 4 on page 6 and

 

insert—

 

“(6)    

In this section—

 

“relevant child” means—

 

(a)    

a child who was looked after by the local authority or another

 

local authority in England or Wales but ceased to be so looked

 

after as a result of—

 

(i)    

a child arrangements order which includes arrangements

 

relating to with whom the child is to live, or when the

 

child is to live with any person,

 

(ii)    

a special guardianship order, or

 

(iii)    

an adoption order within the meaning given by section

 

72(1) of the Adoption Act 1976 or section 46(1) of the

 

Adoption and Children Act 2002, or

 

(b)    

a child who appears to the local authority—


 
 

Notices of Amendments: 7 December 2016                  

2

 

Children and Social Work Bill-[Lords], continued

 
 

(i)    

to have been in state care in a place outside England and

 

Wales because he or she would not otherwise have been

 

cared for adequately, and

 

(ii)    

to have ceased to be in that state care as a result of being

 

adopted.”

 

Member’s explanatory statement

 

This amendment, together with amendment 2, would extend the duty of a local authority under

 

clause 4 (duty to provide information and advice for promoting educational achievement) to

 

children who were adopted from state care outside England and Wales.

 

Edward Timpson

 

2

 

Parliamentary Star    

Clause  4,  page  6,  line  13,  at end insert—

 

“(8)    

For the purposes of this section a child is in “state care” if he or she is in the care

 

of, or accommodated by—

 

(a)    

a public authority,

 

(b)    

a religious organisation, or

 

(c)    

any other organisation the sole or main purpose of which is to benefit

 

society.”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 1.

 


 

Edward Timpson

 

3

 

Parliamentary Star    

Clause  5,  page  6,  leave out lines 24 to 36 and insert—

 

“(2)    

A registered pupil is within this subsection if the pupil—

 

(a)    

was looked after by a local authority but ceased to be looked after by

 

them as a result of—

 

(i)    

a child arrangements order (within the meaning given by section

 

8(1) of the 1989 Act) which includes arrangements relating to

 

with whom the child is to live, or when the child is to live with

 

any person,

 

(ii)    

a special guardianship order (within the meaning given by

 

section 14A(1) of the 1989 Act), or

 

(iii)    

an adoption order (within the meaning given by section 72(1) of

 

the Adoption Act 1976 or section 46(1) of the Adoption and

 

Children Act 2002), or

 

(b)    

appears to the governing body—

 

(i)    

to have been in state care in a place outside England and Wales

 

because he or she would not otherwise have been cared for

 

adequately, and

 

(ii)    

to have ceased to be in that state care as a result of being

 

adopted.”

 

Member’s explanatory statement

 

This amendment, together with amendment 5, would extend the duty of a governing body of a

 

maintained school under clause 5 (duty to appoint staff member for promoting educational

 

achievement) to children who were adopted from state care outside England and Wales.


 
 

Notices of Amendments: 7 December 2016                  

3

 

Children and Social Work Bill-[Lords], continued

 
 

Edward Timpson

 

4

 

Parliamentary Star    

Clause  5,  page  6,  line  43,  leave out from “is” to end of line 45 and insert ““looked

 

after by a local authority” if the person is looked after by a local authority for the purposes

 

of the 1989 Act or Part 6 of the 2014 Act.”

 

Member’s explanatory statement

 

This amendment and amendment 7 make changes to reflect the fact that provision about looked

 

after children in Wales is now in Part 6 of the Social Services and Well-being (Wales) Act 2014,

 

instead of in the Children Act 1989.

 

Edward Timpson

 

5

 

Parliamentary Star    

Clause  5,  page  6,  line  45,  at end insert—

 

“(5A)    

For the purposes of this section a person is in “state care” if he or she is in the care

 

of, or accommodated by—

 

(a)    

a public authority,

 

(b)    

a religious organisation, or

 

(c)    

any other organisation the sole or main purpose of which is to benefit

 

society.”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 3.

 


 

Edward Timpson

 

6

 

Parliamentary Star    

Clause  6,  page  7,  line  46,  at end insert “or

 

(c)    

appears to the proprietor of the Academy—

 

(i)    

to have been in state care in a place outside England and Wales

 

because he or she would not otherwise have been cared for

 

adequately, and

 

(ii)    

to have ceased to be in that state care as a result of being

 

adopted;”

 

Member’s explanatory statement

 

This amendment, together with amendment 8, would extend the duty of an Academy proprietor

 

included in an Academy agreement under clause 6 (duty to appoint staff member for promoting

 

educational achievement) to children who were adopted from state care outside England and

 

Wales.

 

Edward Timpson

 

7

 

Parliamentary Star    

Clause  6,  page  8,  line  11,  leave out from “is” to end of line 13 and insert ““looked

 

after by a local authority” if the person is looked after by a local authority for the purposes

 

of the Children Act 1989 or Part 6 of the Social Services and Well-being (Wales) Act 2014

 

(anaw 4).”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 4.


 
 

Notices of Amendments: 7 December 2016                  

4

 

Children and Social Work Bill-[Lords], continued

 
 

Edward Timpson

 

8

 

Parliamentary Star    

Clause  6,  page  8,  line  13,  at end insert—

 

“(5A)    

For the purposes of this section a person is in “state care” if he or she is in the care

 

of, or accommodated by—

 

(a)    

a public authority,

 

(b)    

a religious organisation, or

 

(c)    

any other organisation the sole or main purpose of which is to benefit

 

society.”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 6.

 


 

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”.

 


 

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).

 


 

Edward Timpson

 

9

 

Parliamentary Star    

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.


 
 

Notices of Amendments: 7 December 2016                  

5

 

Children and Social Work Bill-[Lords], continued

 
 

Edward Timpson

 

10

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 

Member’s explanatory statement

 

This amendment is consequential on amendment 9.

 

Edward Timpson

 

13

 

Parliamentary Star    

Clause  62,  page  33,  line  16,  leave out subsection (3) and insert—

 

“( )    

Subject to subsections (A1) and (2), Parts 1 and 2 extend to England and Wales

 

only.

 

( )    

This Part extends to England and Wales, Scotland and Northern Ireland.”

 

Member’s explanatory statement

 

This would ensure that the final Part of the Bill extends throughout the United Kingdom, as well

 

as making changes consequential on amendment 9.

 

Edward Timpson

 

14

 

Parliamentary Star    

Clause  63,  page  33,  line  19,  leave out “This Part comes” and insert “The following

 

come”

 

Member’s explanatory statement

 

This amendment and amendment 15 would provide for NC1 and NS1 (placing children in secure

 

accommodation elsewhere in Great Britain) to come into force on the passing of the Bill.

 

Edward Timpson

 

15

 

Parliamentary Star    

Clause  63,  page  33,  line  19,  at end insert “—

 

(a)    

section (Placing children in secure accommodation elsewhere in Great

 

Britain) and Schedule (Placing children in secure accommodation

 

elsewhere in Great Britain);

 

(b)    

this Part.”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 14.

 



 
 

Notices of Amendments: 7 December 2016                  

6

 

Children and Social Work Bill-[Lords], continued

 
 

NEW CLAUSES

 

Edward Timpson

 

NC1

 

Parliamentary Star    

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

 

Parliamentary Star    

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),

 

(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.


 
 

Notices of Amendments: 7 December 2016                  

7

 

Children and Social Work Bill-[Lords], continued

 
 

(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.

 


 

Edward Timpson

 

NC3

 

Parliamentary Star    

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).


 
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Revised 07 December 2016