Session 2016-17
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1

 

House of Commons

 
 

Tuesday 7 March 2017

 

Consideration of Bill (Report Stage)

 

New Amendments handed in are marked thus Parliamentary Star

 

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

 


 

[R] Relevant registered interest declared

 

 

Children and Social Work Bill [Lords], As


 

Amended


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end.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

 

accordance with the Children and Social Work Bill [Lords] Programme (No. 2).

 

Motion to be proposed by Secretary Justine Greening.

 


 

New Clauses and New Schedules relating to the welfare of children,

 

except any relating to the subject- matter of Chapter 3 of Part 1;

 

amendments to Part 1, except any relating to Chapter 3 of that Part.

 

New Clauses and New Schedules relating to the welfare of children,

 

except any relating to the subject-matter of chapter 3 of part 1;

 

Secretary Justine Greening

 

NC15

 

To move the following Clause—

 

         

“Education relating to relationships and sex

 

(1)    

The Secretary of State must by regulations make provision requiring—

 

(a)    

relationships education to be provided to pupils of compulsory school

 

age receiving primary education at schools in England;

5

(b)    

relationships and sex education to be provided (instead of sex education)

 

to pupils receiving secondary education at schools in England.


 
 

Consideration of Bill (Report Stage): 7 March 2017        

2

 

Children and Social Work Bill-[Lords], continued

 
 

(2)    

The regulations must include provision—

 

(a)    

requiring the Secretary of State to give guidance to proprietors of schools

 

in relation to the provision of the education and to review the guidance

10

from time to time;

 

(b)    

requiring proprietors of schools to have regard to the guidance;

 

(c)    

requiring proprietors of schools to make statements of policy in relation

 

to the education to be provided, and to make the statements available to

 

parents or other persons;

15

(d)    

about the circumstances in which a pupil (or a pupil below a specified

 

age) is to be excused from receiving relationships and sex education or

 

specified elements of that education.

 

(3)    

The regulations must provide that guidance given by virtue of subsection (2)(a)

 

is to be given with a view to ensuring that when relationships education or

20

relationships and sex education is given—

 

(a)    

the pupils learn about—

 

(i)    

safety in forming and maintaining relationships,

 

(ii)    

the characteristics of healthy relationships, and

 

(iii)    

how relationships may affect physical and mental health and

25

well-being, and

 

(b)    

the education is appropriate having regard to the age and the religious

 

background of the pupils.

 

(4)    

The regulations may make further provision in connection with the provision of

 

relationships education, or relationships and sex education.

30

(5)    

Before making the regulations, the Secretary of State must consult such persons

 

as the Secretary of State considers appropriate.

 

(6)    

The regulations may amend any provision (including provision conferring

 

powers) that is made by or under—

 

(a)    

section 342 of the Education Act 1996;

35

(b)    

Chapter 4 of Part 5 of the Education Act 1996;

 

(c)    

Schedule 1 to the Education Act 1996;

 

(d)    

Part 6 of the Education Act 2002;

 

(e)    

Chapter 1 of Part 4 of the Education and Skills Act 2008;

 

(f)    

the Academies Act 2010.

40

(7)    

Any duty to make provision by regulations under subsection (1) may be

 

discharged by making that provision by regulations under another Act, so long as

 

the Secretary of State consults such persons as the Secretary of State considers

 

appropriate before making the regulations under that Act.

 

(8)    

The provision that may be made by regulations under subsection (1) by virtue of

45

section 70 includes, in particular, provision amending, repealing or revoking any

 

provision made by or under any Act or any other instrument or document

 

(whenever passed or made).

 

(9)    

Regulations under subsection (1) which amend provision made by or under an

 

Act are subject to the affirmative resolution procedure.

50

(10)    

Other regulations under subsection (1) are subject to the negative resolution

 

procedure.

 

(11)    

Expressions used in this section, where listed in the left-hand column of the table

 

in section 580 of the Education Act 1996, are to be interpreted in accordance with

 

the provisions of that Act listed in the right-hand column in relation to those

55

expressions.”

 

Member’s explanatory statement

 

This new clause would require the Secretary of State to make regulations requiring relationships

 

education to be taught in primary schools in England and requiring relationships and sex


 
 

Consideration of Bill (Report Stage): 7 March 2017        

3

 

Children and Social Work Bill-[Lords], continued

 
 

education to be taught in secondary schools in England. The duties would apply in relation to

 

Academy schools and independent schools as well as maintained schools.

 

As Amendments to Secretary Justine Greening’s proposed New Clause (Education

 

relating to relationships and sex) (NC15):—

 

Mrs Maria Miller

 

Mr David Burrowes

 

Mr Bernard Jenkin

 

(b)

 

Line  10,  leave out “from time to time” and insert “at least once in every three year

 

period”

 

Member’s explanatory statement

 

This amendment would require guidance in relation to the provision of relationships and sex

 

education to be reviewed at least once every three years, rather than from time to time.

 

Sir Edward Leigh

 

Philip Davies

 

Dr Matthew Offord

 

Sir Gerald Howarth

 

Martin Vickers

 

(a)

 

Line  15,  leave out paragraph (d) and insert—

 

“(d)    

to allow a parent of any pupil receiving relationships education or

 

relationships and sex education to request that the pupil be wholly or

 

partly excused from receiving that education and for the pupil to be so

 

excused.”

 

Mrs Maria Miller

 

Mr David Burrowes

 

Mr Bernard Jenkin

 

(c)

 

Line  17,  at end insert—

 

“(e)    

about arrangements for inspecting the quality of teaching of relationships

 

and sex education at schools in England.”

 

Member’s explanatory statement

 

This amendment would require the regulations to make provision about inspecting the quality of

 

teaching of regulations and sex education.

 

Mrs Maria Miller

 

Mr David Burrowes

 

Mr Bernard Jenkin

 

(d)

 

Line  29,  at end insert—

 

“(4A)    

The Secretary of State must review the regulations at least three years after they

 

come into force and once in every three year period thereafter.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to review the regulations at least three years

 

after they come into force and at least every three years thereafter.


 
 

Consideration of Bill (Report Stage): 7 March 2017        

4

 

Children and Social Work Bill-[Lords], continued

 
 

Mrs Maria Miller

 

Mr David Burrowes

 

Mr Bernard Jenkin

 

(e)

 

Line  29,  at end insert—

 

“(4A)    

The Secretary of State must review the regulations from time to time.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to review the regulations from time to time.

 


 

Secretary Justine Greening

 

NC16

 

To move the following Clause—

 

         

“Other personal, social, health and economic education

 

(1)    

The Secretary of State may by regulations make provision requiring personal,

 

social, health and economic education (beyond that required by virtue of section

 

[Education relating to relationships and sex]) to be provided—

 

(a)    

to pupils of compulsory school age receiving primary education at

 

schools in England;

 

(b)    

to pupils receiving secondary education at schools in England.

 

(2)    

The regulations may include—

 

(a)    

provision requiring the Secretary of State to give guidance to proprietors

 

of schools in relation to the provision of the education;

 

(b)    

provision requiring proprietors of schools to have regard to that

 

guidance;

 

(c)    

provision requiring proprietors of schools to make statements of policy

 

in relation to the education to be provided, and to make the statements

 

available to parents or other persons;

 

(d)    

further provision in connection with the provision of the education.

 

(3)    

Before making the regulations, the Secretary of State must consult such persons

 

as the Secretary of State considers appropriate.

 

(4)    

The regulations may amend any provision (including provision conferring

 

powers) that is made by or under—

 

(a)    

section 342 of the Education Act 1996;

 

(b)    

Chapter 4 of Part 5 of the Education Act 1996;

 

(c)    

Schedule 1 to the Education Act 1996;

 

(d)    

Part 6 of the Education Act 2002;

 

(e)    

Chapter 1 of Part 4 of the Education and Skills Act 2008;

 

(f)    

the Academies Act 2010.

 

(5)    

The provision that may be made by regulations under subsection (1) by virtue of

 

section 70 includes, in particular, provision amending, repealing or revoking any

 

provision made by or under any Act or any other instrument or document

 

(whenever passed or made).

 

(6)    

Regulations under subsection (1) which amend provision made by or under an

 

Act are subject to the affirmative resolution procedure.

 

(7)    

Other regulations under subsection (1) are subject to the negative resolution

 

procedure.


 
 

Consideration of Bill (Report Stage): 7 March 2017        

5

 

Children and Social Work Bill-[Lords], continued

 
 

(8)    

Expressions used in this section, where listed in the left-hand column of the table

 

in section 580 of the Education Act 1996, are to be interpreted in accordance with

 

the provisions of that Act listed in the right-hand column in relation to those

 

expressions.

 

(9)    

A power to make provision under this section does not limit any power to make

 

provision of the same kind under another Act.”

 

Member’s explanatory statement

 

This new clause would enable the Secretary of State to make regulations requiring personal,

 

social, health and economic education to be provided at schools in England. The power could be

 

exercised in relation to all schools, or just in relation to schools of a particular kind, for example

 

Academy schools and maintained schools.

 


 

Stella Creasy

 

Kate Green

 

Helen Hayes

 

Angela Rayner

 

NC1

 

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,

 

(e)    

online and offline personal safety, and

 

(f)    

domestic violence and forms of abuse.

 

(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,

 

(d)    

factual, and

 

(e)    

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.


 
 

Consideration of Bill (Report Stage): 7 March 2017        

6

 

Children and Social Work Bill-[Lords], continued

 
 

(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.”

 


 

Mrs Emma Lewell-Buck

 

Helen Hayes

 

Mike Gapes

 

Melanie Onn

 

Alan Johnson

 

Angela Rayner

Stella Creasy

Kerry McCarthy

 

NC3

 

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

 

Ian Murray

 

Mr David Anderson

 

Angela Rayner

 

NC4

 

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.

 



 
 

Consideration of Bill (Report Stage): 7 March 2017        

7

 

Children and Social Work Bill-[Lords], continued

 
 

Mr David Burrowes

 

Maria Caulfield

 

Scott Mann

 

Lucy Allan

 

Sir David Amess

 

Helen Hayes

Heidi Allen

Mike Gapes

Melanie Onn

Mrs Emma Lewell-Buck

Alan Johnson

Angela Rayner

Stella Creasy

Kerry McCarthy

 

NC7

 

To move the following Clause—

 

         

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

 

themselves looked after children or care leavers

 

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

 

guardian further to any order made pursuant to—

 

(a)    

section 31 of the Children Act 1989 (care and supervision orders),

 

(b)    

section 22 of the Adoption and Children Act 2002 (placement orders),

 

(c)    

section 46 of the Adoption and Children Act 2002 (adoption orders), or

 

(d)    

section 14A of the Children Act 1989 (special guardianship order)

 

    

a local authority must, so far as is reasonably practicable, provide a

 

counselling service and commission specialist therapeutic support for the

 

parent or guardian where—

 

(i)    

the parent or guardian is a looked after child, or

 

(ii)    

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

 

Angela Rayner

 

NC8

 

To move the following Clause—

 

         

“Former relevant children: provision of sufficient suitable accommodation

 

In the Children Act 1989, after section 23C insert—

 

“23CA

 Duty on local authorities to secure sufficient accommodation for

 

former relevant children

 

(1)    

It is the duty of a local authority to take reasonable steps to secure

 

sufficient suitable accommodation (whether or not provided by them)

 

within their area to meet the needs of former relevant children, where

 

“former relevant children” has the same meaning as in section 23C(1) of

 

this Act.


 
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Revised 07 March 2017