Children and Families Bill

Insert the following new Clause—

“Duty to ensure sufficient support

(1)   It shall be the general duty of every local authority to take steps to ensure
that, so far as reasonably practicable, a range and level of services are
provided sufficient to improve the wellbeing of young carers who are
ordinarily resident in their area.

(2)   The reference in subsection (1) to services may include those provided by
institutions referred to elsewhere in this Act, as well as to those provided
on a regular basis by charitable and voluntary organisations.

(3)   In discharging its duty under subsection (1), a local authority must have
regard to—

(a)   data gathered by other agencies in exercising their duties under
sections (Health bodies: duties with respect to young carers), (Schools:
duties with respect to young carers) and (Further and higher education
institutions: duties with respect to student carers);

(b)   any guidance given from time to time by the Secretary of State.”

Insert the following new Clause—

“Duty to assess social care provision for young carers

(1)   In determining for the purposes of section (Duty to ensure sufficient support)
whether the provision of social care support is sufficient to meet the needs
of young carers, a local authority must—

(a)   undertake an assessment of social care needs of disabled people
and young carers in their area;

(b)   undertake an assessment of the sufficiency of the supply of social
care services for disabled people and young carers in their area;

(c)   publish a strategy setting out the steps to ensuring sufficiency of
supply of social care services for disabled people and young carers
in their area;

(d)   have regard to any guidance given from time to time by the
Secretary of State; and

(e)   any further requirements the Secretary of State deems necessary.

(2)   In relation to paragraphs (1)(a) and (b), the Secretary of State may by
regulations define the assessments of social care needs and sufficiency of
supply of social care services.”

Insert the following new Clause—

“Health bodies: duties with respect to young carers

(1)   In exercising their general functions health bodies must—

(a)   promote and safeguard the wellbeing of young carers;

(b)   ensure that effective procedures exist to identify patients who are or
are about to become carers;

(c)   ensure that effective procedures exist to identify patients who it
may be reasonably assumed may be receiving care from a child or
young person for whom they are responsible;

(d)   ensure that appropriate systems exist to ensure that carers receive
appropriate information and advice; and

(e)   ensure that systems are in place to ensure that the relevant general
medical services are rendered to their patients who are young
carers, or to the young carers of their patients.

(2)   In relation to paragraphs (1)(b), (c) and (d), the Secretary of State may by
regulations further provide for the strategies to be developed.”

Insert the following new Clause—

“Schools: duties with respect to young carers

(1)   The appropriate authorities of schools must ensure that, within 12 months
of the passing of this Act, they take all reasonable steps to ensure that there
is in place a policy which—

(a)   identifies young carers within the school; and

(b)   makes arrangements for the provision within school of appropriate
support to promote the wellbeing and improve the educational
attainment of pupils who are young carers.

(2)   In discharging its duty under subsection (1), where appropriate the
authority must—

(a)   consult with the family of the child or young person identified, or
the young person themselves;

(b)   involve the local authority in which the identified pupil is
ordinarily resident;

(c)   refer the identified pupil to additional services outside the school;

(d)   have regard to any guidance given from time to time by the
Secretary of State.

(3)   The “appropriate authority” for a school is—

(a)   in the case of a maintained school, the governing body;

(b)   in the case of an Academy, the proprietor;

(c)   in the case of a pupil referral unit, the management committee.”

Insert the following new Clause—

“Further and higher educational institutions: duties with respect to student
carers

(1)   The responsible body of an institution to which this section applies must,
within 12 months of the passing of this Act, identify or make arrangements
to identify student carers and have a policy in place on promoting the
wellbeing of student carers.

(2)   This section applies to—

(a)   a university;

(b)   any other institution within the higher education sector;

(c)   an institution within the further education sector.

(3)   A responsible body is—

(a)   in the case of an institution in paragraphs (2)(a) or (b), the
governing body;

(b)   in the case of a college of further education under the management
of a board of management, the board of management;

(c)   in the case of any other college of further education, any board of
governors of the college or any person responsible for the
management of the college, whether or not formally constituted as
a governing body or board of governors.

(4)   In discharging its duty under subsection (1), where appropriate the
authority must—

(a)   consult with the family of the child or young person identified, or
the young person themselves;

(b)   involve the local authority in which the identified pupil is
ordinarily resident;

(c)   refer the identified student to additional services outside of the
institution; and

(d)   have regard to any guidance given from time to time by the
Secretary of State.”

Insert the following new Clause—

“Interpretation

In this Part—

“carer” has the same meaning as in section 1 of the Carers
(Recognition and Services) Act 1995;

“young carer” means a person under 18 years of age who carries out
caring tasks and assumes a level of responsibility for another
person which would normally be carried out by an adult;

“student carer” means a person enrolled with an institution in the
further or higher education sector who carries out caring tasks and
assumes a level of responsibility for another person with a
disability;

“wellbeing” means the state of young carers so far as relating to—

(a)   physical and mental health and emotional wellbeing;

(b)   control by them over their day-to-day lives;

(c)   participation in education, training or recreation;

(d)   social and economic well-being;

(e)   domestic, family and personal relationships;

(f)   the contribution made by them to society.

“children’s services” means services that could be provided under
section 17(1) of the Children Act 1989;

“community care services” has the same meaning as in section 46(3) of
the National Health Service and Community Care Act 1990;

“disability” has the same meaning as in section 6 of the Equality Act
2010;

“general medical services” has the same meaning as in the National
Health Service Act 2006;

“health bodies” includes—

(a)   “Clinical Commissioning Groups”, which has the same
meaning as in section 1I of the National Health Service Act
2006;

(b)   “Foundation Trusts”, which has the same meaning as in
section 30 of the National Health Service Act 2006;

(c)   “NHS Trusts”, which have the same meaning as in section
25 of the National Health Service Act 2006; and

(d)   “the NHS Commissioning Board”, which has the same
meaning as in section 1H of the National Health Service Act
2006;

“higher education” and “further education” have the same meanings
as in section 94 of the Equality Act 2010;

“local authority” means a county council, district council, London
borough council, the Greater London Authority or the Common
Council of the City of London;

“social care services” means any support that could be provided by a
local authority in discharge of its functions under the Local
Authority Social Services Act 1970 or pursuant to its powers under
section 2 of the Local Government Act 2000.”

Line 6, leave out “may” and insert “must”

Line 10, leave out “may” and insert “must”