Session 2016-17
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 8 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: 16 to 34 and NC10 to NC16

 

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withdrawn amendments at the end.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.

 


 

Mrs Emma Lewell-Buck

 

18

 

Parliamentary Star    

Clause  1,  page  1,  line  8,  leave out “have regard to the need”

 

Member’s explanatory statement

 

Amendments 18 to 25 impose a duty on a local authority in respect of how it carries out functions

 

in relation to children and young people.

 

Mrs Emma Lewell-Buck

 

19

 

Parliamentary Star    

Clause  1,  page  1,  line  10,  at beginning leave out “to”

 

Member’s explanatory statement

 

See amendment 18.

 

Mrs Emma Lewell-Buck

 

20

 

Parliamentary Star    

Clause  1,  page  1,  line  12,  at beginning leave out “to”

 

Member’s explanatory statement

 

See amendment 18.


 
 

Notices of Amendments: 8 December 2016                  

2

 

Children and Social Work Bill-[Lords], continued

 
 

Mrs Emma Lewell-Buck

 

21

 

Parliamentary Star    

Clause  1,  page  1,  line  14,  at beginning leave out “to”

 

Member’s explanatory statement

 

See amendment 18.

 

Mrs Emma Lewell-Buck

 

22

 

Parliamentary Star    

Clause  1,  page  1,  line  16,  at beginning leave out “to”

 

Member’s explanatory statement

 

See amendment 18.

 

Mrs Emma Lewell-Buck

 

23

 

Parliamentary Star    

Clause  1,  page  1,  line  19,  at beginning leave out “to”

 

Member’s explanatory statement

 

See amendment 18.

 

Mrs Emma Lewell-Buck

 

24

 

Parliamentary Star    

Clause  1,  page  2,  line  1,  at beginning insert “have regard”

 

Member’s explanatory statement

 

See amendment 18.

 

Mrs Emma Lewell-Buck

 

25

 

Parliamentary Star    

Clause  1,  page  2,  line  3,  at beginning leave out “to”

 

Member’s explanatory statement

 

See amendment 18.

 


 

Mrs Emma Lewell-Buck

 

27

 

Parliamentary Star    

Clause  2,  page  3,  line  10,  at end insert—

 

“(6A)    

The Secretary of State must publish a national minimum standard for a “local

 

offer for care leavers”.

 

(6B)    

When developing a national minimum standard for the purpose of subsection 6A

 

the Secretary of State must consult relevant agencies responsible for the provision

 

of services under subsection (2).”

 

Member’s explanatory statement

 

This amendment would introduce a national minimum standard for a local offer for care leavers,

 

which is to be developed in consultation with relevant parties.


 
 

Notices of Amendments: 8 December 2016                  

3

 

Children and Social Work Bill-[Lords], continued

 
 

Mrs Emma Lewell-Buck

 

26

 

Parliamentary Star    

Clause  2,  page  3,  line  20,  at end insert—

 

“(e)    

unaccompanied asylum seeking children up to the point that they leave

 

the United Kingdom”

 

Member’s explanatory statement

 

This amendment introduces an additional definition for “care leavers”.

 


 

Mrs Emma Lewell-Buck

 

28

 

Parliamentary Star    

Clause  3,  page  4,  line  10,  after “the” insert “physical and mental health, emotional

 

well-being and”

 

Mrs Emma Lewell-Buck

 

30

 

Parliamentary Star    

Clause  3,  page  4,  line  11,  after “child” insert “, including their needs as a young

 

parent where applicable,”

 

Mrs Emma Lewell-Buck

 

29

 

Parliamentary Star    

Clause  3,  page  4,  line  16,  at end insert—

 

“(5A)    

The assessment of the relevant child’s mental health and emotional well-being

 

under subsection (5) must be carried out by a qualified mental health

 

professional.”

 

Mrs Emma Lewell-Buck

 

31

 

Parliamentary Star    

Clause  3,  page  4,  line  26,  at end insert—

 

“(9)    

In this section “young parent” means—

 

(a)    

an expectant parent,

 

(b)    

a parent who has their child or children in care, or

 

(c)    

a parent who had a child removed to kinship care, local authority care, or

 

adoption.”

 


 

Edward Timpson

 

1

 

Parliamentary Star - white    

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,


 
 

Notices of Amendments: 8 December 2016                  

4

 

Children and Social Work Bill-[Lords], continued

 
 

(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—

 

(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.

 

Mrs Emma Lewell-Buck

 

32

 

Parliamentary Star    

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

 

“(d)    

returning home to the care of a parent.”

 

Member’s explanatory statement

 

This amendment, together with amendments 33 and 34, would ensure children returning home

 

after a period in care are afforded the same promotion of their educational attainment as those

 

children who have ceased to be in care as a result of adoption, special guardianship orders or

 

child arrangements orders.

 

Edward Timpson

 

2

 

Parliamentary Star - white    

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 - white    

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


 
 

Notices of Amendments: 8 December 2016                  

5

 

Children and Social Work Bill-[Lords], continued

 
 

(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.

 

Mrs Emma Lewell-Buck

 

33

 

Parliamentary Star    

Clause  5,  page  6,  line  36,  at end insert—

 

“(d)    

returning home to the care of a parent.”

 

Member’s explanatory statement

 

See explanatory statement for amendment 32.

 

Edward Timpson

 

4

 

Parliamentary Star - white    

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 - white    

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 - white    

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


 
 

Notices of Amendments: 8 December 2016                  

6

 

Children and Social Work Bill-[Lords], continued

 
 

(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.

 

Mrs Emma Lewell-Buck

 

34

 

Parliamentary Star    

Clause  6,  page  7,  line  46,  at end insert—

 

“(c)    

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

 

as a result of returning home to the care of a parent.”

 

Member’s explanatory statement

 

See explanatory statement for amendment 32.

 

Edward Timpson

 

7

 

Parliamentary Star - white    

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.

 

Edward Timpson

 

8

 

Parliamentary Star - white    

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”.

 



 
 

Notices of Amendments: 8 December 2016                  

7

 

Children and Social Work Bill-[Lords], continued

 
 

Stella Creasy

 

Caroline Lucas

 

Mrs Emma Lewell-Buck

 

16

 

Parliamentary Star    

Clause  16,  page  13,  line  11,  at end insert “, including unaccompanied refugee

 

children once placed in the area, and unaccompanied refugee children who have been

 

identified for resettlement in the area.”

 


 

Stella Creasy

 

Caroline Lucas

 

Mrs Emma Lewell-Buck

 

17

 

Parliamentary Star    

Clause  22,  page  17,  line  5,  at end insert—

 

“(3)    

Guidance given by the Secretary of State in connection with functions conferred

 

by section 16E in relation to unaccompanied refugee children must be developed

 

in accordance with the 1989 Convention on the Rights of the Child.”

 


 

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 - white    

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

 

Parliamentary Star - white    

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.


 
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Revised 08 December 2016