Children and Families Bill

Amendments
to be moved
in GRAND committee

After Clause 1

BARONESS JONES OF WHITCHURCH

BARONESS HUGHES OF STRETFORD

 

Insert the following new Clause—

“Pre-proceedings work with families

(1)   Section 47 of the Children Act 1989 (Local authority’s duty to investigate)
is amended as follows.

(2)   After subsection (12) insert—

“(13)   Where, as a result of complying with this section, a local authority
concludes that a child may need to become looked after in order to
safeguard and promote the child’s 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;

(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.””

After Clause 7

BARONESS YOUNG OF HORNSEY

THE EARL OF LISTOWEL

BARONESS MASSEY OF DARWEN

 

Insert the following new Clause—

“Care leavers’ access to personal information

(1)   It shall be the duty of every local authority and voluntary organisation that
looks after or provides accommodation for a child or young person to
maintain such records as prescribed by regulations.

(2)   Regulations under subsection (1) may provide for the transfer of records
held by a voluntary organisation comprehensive information from the
records relating to their personal history, family background and time in
care.

(3)   A care leaver has the right, at his request, to receive from the local authority
or voluntary organisation comprehensive information from the records
relating to their personal history, family background and time in care while
they were a looked after child or young person, such information will
include personal sensitive data and also identifying information about
other family members, acquaintances and significant others.

(4)   Subsections (1) and (3) do not apply to a request for information in
circumstances where the local authority or voluntary organisation is
authorised by regulations to withhold the information or any part of it.

(5)   Local authorities and voluntary organisations have a duty to provide
appropriate and reasonable support on request, including information and
advice, along with explanations of the process of redaction, the offer of
appropriate counselling and access to intermediary services to care leavers
having received their care records.

(6)   The regulations may provide for the circumstances in which the local
authority or voluntary organisation holding the records may arrange for
another local authority or voluntary organisation near the care leaver’s
home to provide access to the records and support.

(7)   In this section, “care leaver” refers to a person aged 16 and over who, while
they were a child or young person, was in the care of or looked after or
accommodated by a local authority or voluntary organisation.

(8)   It shall be a defence to any allegation of unlawful disclosure of data under
the Data Protection Act by the data controller, if it can be shown that the
data controller has made a reasonable examination of the data and has
satisfied himself as to the need to disclose data and identities of individuals
whose consent has not been obtained under section 7(4) of the Act having
regard to the needs of the care leaver as set out elsewhere in this Act.”

Clause 9

BARONESS MASSEY OF DARWEN

 

Page 9, line 15, at end insert “and section 23B(8A) and monitoring and evaluating
the effectiveness of that local authority in discharging its duties under section
23C(4B) and 23CA and advising them on ways to improve”

 

Page 9, line 18, at end insert—

“( )   In the Children Act 1989, in section 23B after subsection 8 (additional
functions of the responsible authority in respect of relevant children)
insert—

“(8A)    The duty of local authorities under subsection (8) to safeguard and
promote the child’s welfare, includes in particular a duty to
promote the child’s educational achievement.””

After Clause 9

BARONESS MASSEY OF DARWEN

 

Insert the following new Clause—

“Support for family and friends carers when children are not looked after

(1)   Each local authority must make arrangements for the provision within
their area of family and friends care support services, including—

(a)   counselling, advice and information; and

(b)   such other services as are prescribed, in relation to family and
friends care.

(2)   The power to make regulations under subsection (1)(b) is to be exercised so
as to secure that local authorities provide financial support.

(3)   At the request of any of the following persons—

(a)   a relative, wider family member or friend caring for a child in any
of the circumstances (hereinafter referred to as C) set out in
subsection (4) below;

(b)   a parent or other person with parental responsibility; or

(c)   a child living with C in circumstances set out in subsection (4)
below; or

(d)   any other person who falls within a prescribed description, a local
authority must carry out an assessment of that person’s needs for
family and friends care support services.

(4)   The circumstances referred to in subsection (3)(a) and (c) are—

(a)   the child comes to live with C as a result of enquiries or plans made
under section 47 of this Act;

(b)   the child comes to live with C following an investigation under
section 37 of this Act;

(c)   C has been granted a residence order or a child arrangements order
to avoid the child being looked after, within care proceedings on the
child or following the accommodation of a child;

(d)   there is professional evidence of the impairment of the parents’
ability to care for the child; or

(e)   the parent is dead or in prison.

(5)   A local authority may, at the request of any other person, carry out an
assessment of that person’s needs for family and friends care support
services.

(6)   Where, as a result of an assessment, a local authority decide that a person
has needs for family and friends care support services, they must then
decide whether to provide any such services to that person.

(7)   If—

(a)   a local authority decide to provide any family and friends care
support services to a person, and

(b)   the circumstances fall within a prescribed description, the local
authority must prepare a plan in accordance with which family and
friends care support services are to be provided to him, and keep
the plan under review.

(8)   The Secretary of State may by regulations make provision about
assessments, preparing and reviewing plans, the provision of family and
friends care support services in accordance with plans and reviewing the
provision of family and friends care support services.

(9)   The regulations may in particular make provision—

(a)   about the type of assessment which is to be carried out, or the way
in which an assessment is to be carried out;

(b)   about the way in which a plan is to be prepared;

(c)   about the way in which, and the time at which, a plan or the
provision of family and friends care support services is to be
reviewed;

(d)   about the considerations to which a local authority are to have
regard in carrying out an assessment or review or preparing a plan;

(e)   as to the circumstances in which a local authority may provide
family and friends care support services subject to conditions
(including conditions as to payment for the support or the
repayment of financial support);

(f)   as to the consequences of conditions imposed by virtue of
paragraph (e) not being met (including the recovery of any financial
support provided);

(g)   as to the circumstances n which this section may apply to a local
authority in respect of persons who are outside that local
authority’s area;

(h)   as to the circumstances in which a local authority may recover from
another local authority the expenses of providing family and
friends care support services to any person.

(10)   A local authority may provide family and friends care support services (or
any part of them) by securing their provision by—

(a)   another local authority; or

(b)   a person within a description prescribed in regulations of persons
who may provide family and friends care support services, and
may also arrange with any such authority or person for that other
authority or that person to carry out the local authority’s functions
in relation to assessments under this section.

(11)   A local authority may carry out an assessment of the needs of any person
for the purposes of this section at the same time as an assessment of his
needs is made under any other provision of this Act or under any other
enactment.

(12)   Section 27 (co-operation between authorities) applies in relation to the
exercise of functions of a local authority under this section as it applies in
relation to the exercise of functions of a local authority under Part 3.”

Clause 19

BARONESS WALMSLEY

LORD STOREY

 

Page 18, line 30, at end insert—

“( )   The functions to which this section relates include the functions under
sections 32, 36, 38 and 44.”

Clause 32

BARONESS WALMSLEY

LORD STOREY

 

Page 26, line 16, after “responsible,” insert “and children”

 

Page 26, line 22, at beginning insert “children and”

Clause 36

BARONESS WALMSLEY

LORD STOREY

 

Page 28, line 42, leave out “child’s” and insert “child and”

 

Page 29, line 3, leave out “child’s” and insert “child and”

 

Page 29, line 14, leave out “child’s” and insert “child and”

 

Page 29, line 17, at beginning insert “child and”

Clause 38

BARONESS WALMSLEY

LORD STOREY

 

Page 30, line 29, leave out “child’s” and insert “child and”

 

Page 30, line 32, leave out “child’s” and insert “child and”

 

Page 30, line 33, after “the” insert “child and”

 

Page 31, line 6, leave out “child’s” and insert “child and”

Clause 44

BARONESS WALMSLEY

LORD STOREY

 

Page 34, line 20, leave out “of the” and insert “and”

After Clause 73

BARONESS JONES OF WHITCHURCH

BARONESS HUGHES OF STRETFORD

 

Insert the following new Clause—

“Personal, social and health education in maintained schools

(1)   In section 84(3) of the Education Act 2002 (curriculum foundation subjects
for the first, second and third key stages), after paragraph (g) there is
inserted—

“(ga)   personal, social and health education”.

(2)   In section 85(4) of the Education Act 2002 (curriculum foundation subjects
for the fourth key stage), at the end there is inserted “, and

(d)   personal, social and health education”.

(3)   In section 74(1) of the Education and Inspections Act 2006, which (when
brought into force) will substitute a new section 85 in the Education Act
2002, in subsection (4) of that substituted section (foundation subjects for
the fourth key stage), at the end there is inserted “, and

(d)   personal, social and health education.”

(4)   Before section 86 of the Education Act 2002 there is inserted—

“85B          Personal, social and health education

(1)   For the purposes of this Part, personal, social and health education
(“PSHE”) shall include sex and relationship education, including
information about same-sex relationships, sexual violence,
domestic violence and sexual consent.

(2)   The National Curriculum for England is not required to specify
attainment targets or assessment arrangements for PSHE (and
section 84(1) has effect accordingly).

(3)   The Secretary of State for Education shall set out guidance to
schools and colleges to ensure that a coherent approach to personal,
social, health and economic education is developed, including
between primary and secondary schools.

(4)   It is the duty of the governing body and head teacher of any school
in which PSHE is provided in pursuance of this Part to secure that
guidance issued under subsection (3) is followed and that—

(a)   information presented in the course of providing PSHE
should be accurate and balanced;

(b)   PSHE is taught in a way that is appropriate to the ages of the
pupils concerned and to their religious and cultural
backgrounds, and reflects a reasonable range of religious,
cultural and other perspectives;

(c)   PSHE is taught in a way that endeavours to promote
equality, celebrate diversity, and emphasise the importance
of both rights and responsibilities.

(5)   In the exercise of their functions under this Part so far as relating to
PSHE, a local authority, governing body or head teacher shall have
regard to any guidance issued from time to time by the Secretary of
State.”.

(5)   Section 403 of the Education Act 1996 (sex education: manner of provision)
is amended as set out in subsections (6) to (9).

(6)   In subsection (1), for the words from the beginning to “at a maintained
school” there is substituted “The governing body or other proprietor of any
school to which this section applies, and its head teacher, must take such
steps as are reasonably practicable to ensure that sex and relationships
education is given to registered pupils at the school and that”.

(7)   After that subsection there is inserted—

“(1ZA)   The schools to which this section applies are—

(a)   maintained schools;

(b)   city technology colleges;

(c)   city colleges for the technology of the arts;

(d)   academies.

A reference in this section or section 404 to the governing body of a A reference in this section or section 404 to the governing body of a
school, in relation to a school within paragraph (b), (c) or (d), shall school, in relation to a school within paragraph (b), (c) or (d), shall
be read as a reference to the proprietor of the school.”.be read as a reference to the proprietor of the school.”.

(8)   In subsection (1A)—

(a)   for “when sex education is given to registered pupils at maintained
schools” there is substituted “when sex and relationships education
is given to registered pupils at schools to which this section
applies”;

(b)   in paragraph (a), after “, and” there is inserted “learn the nature of
civil partnership and the importance of strong and stable
relationships.”;

(c)   paragraph (b) is omitted.

(9)   In subsection (1C), for “sex education” there is substituted “sex and
relationships education”,

(10)   In section 579 of the Education Act 1996 (general interpretation), in the
definition of “sex education” in subsection (1)—

(a)   for “sex education” there is substituted “sex and relationships
education”;

(b)   at the end there is inserted “but does not include education about
human reproduction provided as part of any science teaching;”.

(11)   For section 405 of the Education Act 1996 there is substituted—

“405 Exemption from sex and relationships education

(1)   If a pupil of sufficient maturity in attendance at a school to which
section 403 applies requests to be wholly or partly excused from
receiving sex and relationships education at the school, the pupil
shall be so excused accordingly until the request is withdrawn.

(2)   The Secretary of State must in regulations define “sufficient
maturity”.

(3)   A statutory instrument containing regulations under subsection (2)
may not be made unless a draft of the instrument has been laid
before and approved by a resolution of each House of Parliament.

(4)   The Secretary of State must lay draft regulations before Parliament
before the end of the period of 3 months beginning with the day on
which this Act is passed.””

 

Insert the following new Clause—

“Sex and relationship education guidance

(1)   The Secretary of State will, within six months of this Act coming into force,
establish a working group to review and update the sex and relationship
education guidance for schools.

(2)   The working group established under subsection (1) will include young
people, teachers, professionals and online experts.

(3)   In performing its functions under subsection (1), the working group will
have particular regard to the need for the guidance to make reference to—

(a)   the role of the internet, social media and mobile technology in sex
and relationship education;

(b)   online bullying and harassment.”

THE EARL OF LISTOWEL

 

Insert the following new Clause—

“Welfare of children: asylum seekers

(1)   Schedule 3 to the Nationality, Immigration and Asylum Act 2002
(withholding and withdrawal of support) is amended as follows.

(2)   In paragraph 6(1), after “person” insert “who entered the United Kingdom
as an adult.”

(3)   In paragraph 7, after “person” insert “who entered the United Kingdom as
an adult.””

Prepared 5th October 2013