Session 2016-17
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Other Bills before Parliament


 
 

Notices of Amendments: 15 December 2016                  

8

 

Children and Social Work Bill-[Lords], continued

 
 

Stella Creasy

 

Seema Malhotra

 

Jess Phillips

 

Kate Green

 

Alison McGovern

 

Luciana Berger

Yvonne Fovargue

Anna Turley

Diana Johnson

Kerry McCarthy

Lucy Powell

Ms Angela Eagle

Mary Creagh

Karin Smyth

Liz Kendall

Helen Hayes

Ms Karen Buck

Mrs Sharon Hodgson

Yvette Cooper

Heidi Alexander

Angela Rayner

Caroline Lucas

Mrs Emma Lewell-Buck

 

NC11

 

To move the following Clause—

 

         

“Safeguarding: provision of personal, social and health education

 

(1)    

For the purpose of safeguarding and promoting the welfare of children a local

 

authority in England must ensure that pupils educated in their area receive

 

appropriate personal, social and health education.

 

(2)    

For the purposes of subsection (1) “personal, social and health education” must

 

include but shall not be restricted to—

 

(a)    

sex and relationships education,

 

(b)    

same-sex relationships,

 

(c)    

sexual consent,

 

(d)    

sexual violence, and

 

(e)    

domestic violence.

 

(3)    

Targeted inspections carried out by the Office for Standards in Education,

 

Children’s Services and Skills (Ofsted) under section 136 of the Education and

 

Inspections Act 2006 shall include an assessment of the provision of personal,

 

social and health education under subsection (1), including whether the

 

information provided to pupils is—

 

(a)    

accurate and balanced,

 

(b)    

age-appropriate,

 

(c)    

inclusive, or

 

(d)    

religiously diverse.

 

(4)    

Assessments made under subsection (3) must include an evaluation of any

 

arrangements for pupils of sufficient maturity to request to be wholly or partly

 

excused from participating in personal, social and health education.

 

(5)    

For the purpose of subsection (4) “sufficient maturity” shall be defined in

 

guidance by the Secretary of State.

 

(6)    

Withdrawal from personal, social and health education by pupils under

 

subsection (4) shall not be considered a breach of the safeguarding duties of a

 

local authority.

 

(7)    

This section comes into force at the end of the period of twelve months beginning

 

with the day on which this Act is passed.”

 



 
 

Notices of Amendments: 15 December 2016                  

9

 

Children and Social Work Bill-[Lords], continued

 
 

Steve McCabe

 

NC12

 

To move the following Clause—

 

         

“Arrangements for remaining in a residential children’s home after reaching

 

adulthood

 

(1)    

The Children Act 1989 is amended as follows.

 

(2)    

In section 23CZA (arrangements for certain former relevant children to live with

 

former foster parents)—

 

(a)    

in subsection (2)(b)—

 

(i)    

after “person” insert “or residential children’s home”;

 

(ii)    

leave out “former foster parent” and insert “former care giver”;

 

(iii)    

after second “parent” insert “or residential children’s home”;

 

(b)    

in the second sentence of subsection (2) after “together” insert “, or at the

 

residential children’s home”;

 

(c)    

for all references to “former foster parent” substitute “former care giver”.

 

(3)    

In paragraph 19BA in Part 2 of Schedule 2 (local authority support for looked

 

after children)—

 

(a)    

in sub-paragraph (1), after “parent” insert “or in a residential children’s

 

home”;

 

(b)    

in sub-paragraph (3)(b), after “parent” insert “or residential children’s

 

home”.”

 

Member’s explanatory statement

 

This new clause would extend the “staying put” arrangements that currently exist for young people

 

placed with foster parents to those living in a residential children’s home.

 


 

Mrs Emma Lewell-Buck

 

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.

 

(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.”

 



 
 

Notices of Amendments: 15 December 2016                  

10

 

Children and Social Work Bill-[Lords], continued

 
 

Mrs Emma Lewell-Buck

 

Kate Green

 

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

 

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).””

 

Member’s explanatory statement

 

This new clause would ensure that children in care are allowed reasonable contact with their

 

siblings.

 


 

Mrs Emma Lewell-Buck

 

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”;


 
 

Notices of Amendments: 15 December 2016                  

11

 

Children and Social Work Bill-[Lords], continued

 
 

(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.”

 

(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.”

 



 
 

Notices of Amendments: 15 December 2016                  

12

 

Children and Social Work Bill-[Lords], continued

 
 

Mrs Emma Lewell-Buck

 

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.””

 

Member’s explanatory statement

 

This new clause would ensure effective work is undertaken with the family so that all safe family

 

options are explored at an early stage of intervention.

 


 

Mrs Emma Lewell-Buck

 

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.””

 

Member’s explanatory statement

 

This new clause requires the Secretary of State to make regulations for mental health assessments

 

for looked after children. A time delay in commencement is included to allow time for the pilots to

 

be completed before details of the regulations are decided.

 



 
 

Notices of Amendments: 15 December 2016                  

13

 

Children and Social Work Bill-[Lords], continued

 
 

Mrs Emma Lewell-Buck

 

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.””

 

Member’s explanatory statement

 

This new clause would improve the outcomes for looked after children through a clarification of

 

duties of cross agency working between local authorities and health partners, by elevating the

 

roles of designated doctors and nurses into primary legislation.

 

 


 

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”;


 
 

Notices of Amendments: 15 December 2016                  

14

 

Children and Social Work Bill-[Lords], continued

 
 

(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

 

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”.


 
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Revised 15 December 2016