Session 2016-17
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 9 February 2017

 

New Amendments handed in are marked thus Parliamentary Star

 

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

 

Consideration of Bill (Report Stage)


 

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withdrawn amendments at the end.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 the

 

order in which they relate to the Bill.

 


 

New ClauseS

 

Stella Creasy

 

Kate Green

 

Helen Hayes

 

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,


 
 

Notices of Amendments: 9 February 2017                  

2

 

Children and Social Work Bill-[Lords], continued

 
 

(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.

 

(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.”

 


 

Mr David Burrowes

 

NC2

 

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 1989 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

 

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.

 



 
 

Notices of Amendments: 9 February 2017                  

3

 

Children and Social Work Bill-[Lords], continued

 
 

Mrs Emma Lewell-Buck

 

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

 

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.

 


 

Mr David Burrowes

 

Mrs Maria Miller

 

Dr Sarah Wollaston

 

Neil Carmichael

 

Sarah Champion

 

Dame Caroline Spelman

Mr Graham Allen

Fiona Bruce

Christian Matheson

Caroline Ansell

Ben Howlett

Tim Loughton

Maria Caulfield

Nicky Morgan

Andrew Selous

Mr Dominic Grieve

Robert Neill

Stephen Timms

Mr Gary Streeter

Jon Cruddas

Steve Double

Robert Flello

Jim Shannon

Derek Thomas

Mr Charles Walker

Julian Knight

Simon Hart


 
 

Notices of Amendments: 9 February 2017                  

4

 

Children and Social Work Bill-[Lords], continued

 
 

Michael Tomlinson

Johnny Mercer

Dr Caroline Johnson

Mr Graham Brady

Tulip Siddiq

Nusrat Ghani

Sir David Amess

Mr Shailesh Vara

Caroline Lucas

Mrs Flick Drummond

Will Quince

 

NC5

 

To move the following Clause—

 

         

“Safeguarding and promoting the welfare of children: Relationships

 

education

 

(1)    

For the purposes of safeguarding and promoting the welfare of children, the

 

Secretary of State must, by regulations, make Relationships Education a statutory

5

component of the National Curriculum within the meaning of Part 6 of the

 

Education Act 2002.

 

(2)    

Following consultation, the regulations must include provisions relating to the

 

curriculum of Relationships Education, which must include, but shall not be

 

restricted to—

10

(a)    

how to recognise and understand a healthy relationship, including self-

 

respect and respect for others,

 

(b)    

how to recognise and handle bullying and peer pressure, such as sexting,

 

(c)    

the meaning of consent,

 

(d)    

signs of an exploitative relationship, including physical, mental and

15

sexual harassment,

 

(e)    

conflict management, and

 

(f)    

safety online, such as exposure to pornography.

 

(3)    

In the Academies Act 2010, after subsection (1)(b) of section 1A insert—

 

    

“(1)(b)(a) it has a curriculum satisfying the requirements of regulations made

20

under section (Safeguarding and promoting the welfare of children: Relationships

 

Education) of the Children and Social Work Act 2017.”

 

(4)    

The governing body of a maintained school or Academy must consult parents and

 

local safeguarding partners on the manner of provision of Relationships

 

Education.

25

(5)    

The governing body of a maintained school or Academy must—

 

(a)    

make, and keep up to date, a written statement of their policy with regard

 

to the manner of provision and content of Relationships Education, and

 

(b)    

make copies of the statement publicly available and bring it to the

 

attention of all registered pupils’ parents and local safeguarding partners

30

in a manner considered appropriate by the school.

 

(6)    

The Secretary of State must issue guidance, which must include but shall not be

 

restricted to, guidance to secure that when Relationships Education is given to

 

registered pupils at a maintained school or Academy—

 

(a)    

they learn the importance of respect, tolerance and commitment in all

35

types of healthy relationships,

 

(b)    

they learn how the quality of relationships affects mental and physical

 

health in both adults and children,

 

(c)    

they are protected from teaching and materials which are inappropriate

 

having regard to the age and the religious background of the pupils

40

concerned.

 

(7)    

In discharging their functions under regulations introduced by this section

 

governing bodies and head teachers must have regard to—

 

(a)    

the Secretary of State’s guidance issued under subsection (6), and


 
 

Notices of Amendments: 9 February 2017                  

5

 

Children and Social Work Bill-[Lords], continued

 
 

(b)    

where any teaching covers issues relating to sex education, the Secretary

45

of State’s guidance issued under section 403(1A) of the Education Act

 

1996.

 

(8)    

Sections 404 and 405 of the Education Act 1996 apply to any subject taught

 

through Relationships Education that the governing body considers to fall within

 

the meaning of sex education.

50

(9)    

The Secretary of State may at any time revise the guidance under subsection (6).”

 

Member’s explanatory statement

 

This new clause would require the Secretary of State to make Relationships Education a statutory

 

subject within the National Curriculum, including for Academies. Content must include those

 

subjects outlined in subsection (2) and Relationships Education must be taught having regard to

 

guidance issued by the Secretary of State under subsection (6) and sex education under subsection

 

(7).

 

As an Amendment to Mr David Burrowes’s proposed New Clause (Safeguarding and

 

promoting the welfare of children: Relationships education) (NC5):—

 

Caroline Lucas

 

(a)

 

Parliamentary Star - white    

Line  38,  leave out paragraph (c) and insert—

 

“(c)    

teaching materials are—

 

(i)    

appropriate to the age of the pupils concerned, and

 

(ii)    

factually accurate and evidence-based, and

 

(d)    

pupils are taught in a way that—

 

(i)    

promotes equality as defined with reference to the protected

 

characteristics included in the Equality Act 2010,

 

(ii)    

encourages acceptance of diversity and difference, and

 

(iii)    

emphasises the importance of responsibilities and rights.”

 

Member’s explanatory statement

 

This amendment seeks to update the language taken from the 1996 Act as set out in part (6)(c) of

 

NC5 and replace it with language intended to ensure relationships teaching and materials are

 

always age appropriate, evidence based and accurate. It is also designed to put on the face of the

 

Bill the principle that pupils should be taught relationships education in a way that promotes

 

equality with reference to the protected characteristics of the Equality Act 2010.

 


 

Mr David Burrowes

 

Mrs Maria Miller

 

Dr Sarah Wollaston

 

Neil Carmichael

 

Sarah Champion

 

Dame Caroline Spelman

Mr Graham Allen

Fiona Bruce

Christian Matheson

Caroline Ansell

Ben Howlett

Tim Loughton

Tulip Siddiq

Maria Caulfield

Mr Shailesh Vara

Nusrat Ghani

Sir David Amess

Nicky Morgan

Andrew Selous

Mr Dominic Grieve

Robert Neill

Stephen Timms

Mr Gary Streeter

Jon Cruddas

Steve Double

Robert Flello

Jim Shannon

Derek Thomas

Mr Charles Walker

Julian Knight


 
 

Notices of Amendments: 9 February 2017                  

6

 

Children and Social Work Bill-[Lords], continued

 
 

Simon Hart

Michael Tomlinson

Johnny Mercer

Mr Graham Brady

Dr Caroline Johnson

Mrs Flick Drummond

Will Quince

 

NC6

 

To move the following Clause—

 

         

“Extending duty to provide sex education to Academies

 

(1)    

In Section (1A) of the Academies Act 2010, in subsection (1)(b) after “78” insert

 

“and section 80(1)(c) (provision of sex education)”.

 

(2)    

Section 403 of the Education Act 1996 is amended as follows—

 

(a)    

in section (1), after “school” insert “or Academy”;

 

(b)    

in section (1A), after “school” insert “or Academies”;

 

(c)    

after section (1B) insert—

 

“(1BA)    

The governing body must consult with parents on the content of

 

a sex education curriculum, which must be made publicly

 

available and brought to the attention of all registered pupils’

 

parents in a manner considered appropriate by the school.”

 

(3)    

In section 404 of the Education Act 1996, in subsection (1), after “school” insert

 

“or Academy”.

 

(4)    

In section 405 of the Education Act 1996, after first “school” insert “or

 

Academy”.”

 

Member’s explanatory statement

 

This new clause would extend to Academies the duties that currently apply to maintained schools

 

in relation to sex education.

 

 


 

Stella Creasy

 

1

 

Clause  16,  page  13,  line  34,  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.”

 

Frank Field

 

3

 

Clause  16,  page  13,  line  34,  at end insert—

 

“(1A)    

The safeguarding partners for a local authority area in England must conduct and

 

publish a review of the steps taken by that local authority to safeguard and

 

promote the welfare of children since 1 June 2010, including an assessment of the

 

impact of Government policies since that date.

 

(1B)    

The Government policies to be considered under subsection (1A) are those

 

deemed by the safeguarding partners to be relevant to the safeguarding and

 

welfare of children.”

 

Member’s explanatory statement

 

This amendment would require the safeguarding partners for a local authority area in England to

 

conduct a review of steps they have taken to safeguard and promote the welfare of children since

 

1 June 2010, including an assessment of the impact of Government policies since that date.

 



 
 

Notices of Amendments: 9 February 2017                  

7

 

Children and Social Work Bill-[Lords], continued

 
 

Stella Creasy

 

2

 

Clause  22,  page  17,  line  30,  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.”

 


 

Mrs Emma Lewell-Buck

 

4

 

Page  20,  line  23,  leave out Clause 32

 


 

Mrs Emma Lewell-Buck

 

5

 

Page  21,  line  33,  leave out Clause 33

 


 

Mrs Emma Lewell-Buck

 

6

 

Page  22,  line  3,  leave out Clause 34

 


 

Mrs Emma Lewell-Buck

 

7

 

Page  22,  line  27,  leave out Clause 35

 


 

Mrs Emma Lewell-Buck

 

8

 

Page  22,  line  36,  leave out Clause 36

 


 

Mrs Emma Lewell-Buck

 

9

 

Page  23,  line  16,  leave out Clause 37

 



 
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Revised 09 February 2017