Children and Families Bill

Amendments
to be moved
on report

After Clause 6

THE EARL OF LISTOWEL

 

Insert the following new Clause—

“Looked after children: duty to provide information about support on returning
home to care of parents or others with parental responsibility

(1)   Except in circumstances prescribed by regulations, a local authority must
provide the information specified in subsection (2) to—

(a)   any person who has contacted the authority to request information
about “return home support services” for a looked after child
returning home to the care of P; and

(b)   any P within the authority’s area, to whose care a looked after child
has returned, who has contacted the authority to request any of the
information specified in subsection (2).

(2)   The information is—

(a)   information about the return home support services available to
people in the authority’s area;

(b)   information about the authority’s duties under section 22(3A) of the
Children Act 1989 (“return home support services”: personal
budgets) and regulations made under it;

(c)   any other information prescribed by regulations.”

 

Insert the following new Clause—

“Looked after children returning to care

(1)   Whenever a local authority decide that a looked after child should return
to the care of P, the local authority must assess and monitor the support
needs of the child and P for as long as is necessary to safeguard and
promote the child’s welfare.

(2)   After carrying out an assessment of the support needs of a looked after
child in accordance with subsection (1), the local authority must provide a
child in care, and, in the case of formerly accommodated children, offer to
provide, “return home support services” to meet identified the support
needs for as long as is necessary to safeguard and promote the child’s
welfare.

(3)   Whenever the local authority provide “return home support services”
under subsection (2), they must prepare a personal budget if asked to do so
by P or the child or (in prescribed circumstances) a person of a prescribed
description.

(4)   The authority should prepare a “personal budget” if they identify an
amount as available to secure return home support services that they have
decided to provide, with a view to the recipient being involved in securing
those services.

(5)   Regulations may make provision about personal budgets, in particular—

(a)   about requests for personal budgets;

(b)   about the amount of a personal budget;

(c)   about the sources of the funds making up a personal budget;

(d)   for payments (“direct payments”) representing all or part of a
personal budget to be made to the recipient, or (in prescribed
circumstances) a person of a prescribed description, in order to
secure any return home support services to which the budget
relates;

(e)   about the description of the return home support services to which
personal budgets and direct payments may (and may not) relate;

(f)   for a personal budget or direct payment to cover the agreed cost of
the return home support services to which the budget or payment
relates;

(g)   about when, how, to whom and on what conditions direct
payments may (and may not) be made;

(h)   about when direct payments may be required to be repaid and the
recovery of unpaid sums;

(i)   about conditions with which a person or body making direct
payments must comply before, after or at the time of making a
direct payment;

(j)   about arrangements for providing information, advice or support
in connection with personal budgets and direct payments.

(6)   If the regulations include provision authorising direct payments, they
must—

(a)   require the consent of the recipient, or (in prescribed circumstances)
a person of a prescribed description, to be obtained before direct
payments are made;

(b)   require the authority to stop making direct payments where the
required consent is withdrawn.

(7)   Any return home support services secured by means of direct payments
made by a local authority are to be treated as support services provided by
the authority for all purposes, subject to any prescribed conditions or
exceptions.

(8)   In this section “prescribed” means prescribed by regulations.”

After Clause 9

LORD MCCOLL OF DULWICH

BARONESS BUTLER-SLOSS

LORD CARLILE OF BERRIEW

 

Insert the following new Clause—

“Child trafficking guardians for children who may have been victims of human
trafficking

After section 26A of the Children Act 1989 insert—

“26B          Child Trafficking Guardians for children who may have been
victims of human trafficking

(1)   A child trafficking guardian shall be appointed to represent the best
interests of each child who might be a victim of trafficking in
human beings if the person who has parental responsibility for the
child fulfils any of the conditions set out in subsection (3).

(2)   The child trafficking guardian shall have the following
responsibilities to—

(a)   advocate that all decisions relating to the child are made in
the child’s best interest and, where reasonably practicable
and consistent with the child’s welfare after ascertaining the
child’s wishes and feelings in relation to those decisions;

(b)   advocate for the child to receive appropriate care, safe
accommodation, medical treatment, including
psychological assistance, education, translation and
interpretation services;

(c)   assist the child to access legal and other representation
where necessary, including, where appropriate, to appoint
and instruct the solicitor representing the child on all
matters relevant to the interests of the child;

(d)   consult with, advise and inform the child victim of the
child’s legal rights;

(e)   keep the child informed of all relevant immigration,
criminal or compensation proceedings;

(f)   contribute to identification of a plan to safeguard and
promote the long-term welfare of the child based on an
individual assessment of that child’s best interests;

(g)   provide a link between the child and various organisations
who may provide services to the child;

(h)   assist in establishing contact with the child’s family, where
the child so wishes and it is in the child’s best interests;

(i)   where appropriate liaise with an immigration officer
handling the child’s case in conjunction with the child’s
legal representative;

(j)   accompany the child to all police interviews; and

(k)   accompany the child whenever the child moves to new
accommodation.

(3)   Subsection (1) shall apply if the person who has parental
responsibility for the child—

(a)   is suspected of taking part in the trafficking of human
beings;

(b)   has another conflict of interest with the child;

(c)   is not in contact with the child;

(d)   is in a country outside the United Kingdom; or

(e)   is a local authority.

(4)   In subsection (1), a child trafficking guardian may be—

(a)   an employee of a statutory body;

(b)   an employee of a recognised charitable organisation; or

(c)   a volunteer for a recognised charitable organisation.

(5)   A person discharging duties as a child trafficking guardian shall not
discharge any other statutory duties in relation to a child for whom
they are providing assistance under this section.

(6)   Where a child trafficking guardian is appointed under subsection
(1), the authority of the child trafficking guardian in relation to the
child shall be recognised by any relevant body.

(7)   In subsection (6), a “relevant body” means a person or
organisation—

(a)   which provides services to the child;

(b)   to which a child makes an application for services; or

(c)   to which the child needs access in relation to being a victim.

(8)   The appropriate national authority—

(a)   shall by order set out the arrangements for the appointment
of a child trafficking guardian as soon as possible after a
child is identified as a potential victim of trafficking in
human beings;

(b)   shall by order set out requirements for the training courses
to be completed before a person may discharge duties as a
child trafficking guardian;

(c)   shall by order set out the arrangements for the supervision
of persons discharging duties as a child trafficking
guardian;

(d)   shall by order set out the arrangements for the provision of
support services for persons discharging duties as a child
trafficking guardian; and

(e)   shall by order designate organisations as a “recognised
charitable organisation” for the purpose of this section.

(9)   A person’s appointment as a child trafficking guardian for a
particular child under this section shall come to an end if—

(a)   the child reaches the age of 18; or

(b)   a durable solution for the child has been found based on an
individual assessment of the best interests of the child.

(10)   In this section, a child is considered to be a “potential victim of
trafficking in human beings” when a referral has been made to a
competent authority for a determination under the identification
process required by Article 10 of the Trafficking Convention
(Identification of Victims) and there has not been a conclusive
determination that the individual is not such a victim.

(11)   For the purposes of subsection (10), there is a conclusive
determination that an individual is not a victim of trafficking in
human beings when, on completion of the identification process
required by Article 10 of the Trafficking Convention, a competent
authority concludes that the individual is or is not such a victim.

(12)   In this section—

“parental responsibility” has the same meaning as section 3 of
this Act;

“competent authority” means a person who is a competent
authority of the United Kingdom for the purposes of the
Trafficking Convention;

“the Trafficking Convention” means the Council of Europe
Convention on Action against Trafficking in Human Beings
(done at Warsaw on 16 May 2005);

“trafficking in human beings” has the same meaning as in the
Trafficking Convention.””

Clause 11

BARONESS BUTLER-SLOSS

BARONESS HUGHES OF STRETFORD

 

Page 11, line 5, at end insert—

“(2B)    Involvement is any kind of direct or indirect involvement that
promotes the welfare of the child; it shall not be taken to mean any
particular division of a child’s time.”

Clause 21

LORD RAMSBOTHAM

 

Page 20, line 16, leave out subsection (5) and insert—

“(5)   Health care provision or social care provision which is educational for, or
training of, a child or young person is to be treated as special educational
provision (instead of health care provision or social care provision).”

Clause 26

LORD RAMSBOTHAM

 

Page 22, line 15, at end insert—

“( )   securing for children and young people with special educational
needs but no EHC plan the education, health and care provision
agreed under subsection (3)(a).”

 

Page 22, line 18, leave out “have regard to” and insert “act in accordance with”

 

Page 22, line 19, at end insert—

“(c)   ensure that, following operation of the dispute resolution
procedures mentioned in subsection (3)(g), agreement between the
partners is reached on the matters set out in subsection (3), and
ensure that arrangements are in place, as set out in subsection (4),
and then put into effect.”

 

Page 22, line 32, at end insert—

“( )   Where a clinical commissioning group, or the NHS Commissioning Board,
is a partner commissioning body, the agreements and arrangements
referred to in subsections (1) to (5) are not to be taken to be constrained by
reference to what that group or Board has separately decided to be
necessary for the purposes of its duty under section 3 or section 3B of the
National Health Service Act 2006 as the case may be.”

 

Page 22, line 36, at end insert—

“(10)   Before making arrangements for the purposes of subsection (1), or before
agreeing the matters set out in subsections (3) to (5) or any of them, the local
authority, and its partner commissioning bodies, shall consult those
persons and bodies specified in section 27(3).”

 

Page 22, line 36, at end insert—

“(11)   The arrangements made and the matters agreed following consultation
under subsection (10) shall be published by the local authority and its
partner commissioning bodies as prescribed by regulations.”

Clause 27

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

 

Page 22, line 42, after “needs,” insert “including organisations that provide online
or blended learning (or both),”

 

Page 23, line 21, at end insert “including alternative and online providers”

Clause 28

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

 

Page 24, line 14, at end insert “including organisations that provide online or
blended learning (or both)”

Clause 29

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

 

Page 25, line 5, at end insert—

“( )   independent alternative education providers including providers
of online or blended learning (or both)”

 

Page 25, line 17, at end insert—

“( )   in the case of an alternative education provider, a member of the
senior team.”

Clause 30

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

 

Page 25, line 29, at end insert “including online and blended learning”

 

Page 26, line 2, after “received” insert “, including the use of alternative education
providers and online educational tools,”

Clause 34

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

 

Page 28, line 14, after “school” insert “, through the provision of alternative
education including online or blended learning (or both),”

Clause 38

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

 

Page 31, line 36, at end insert—

“( )   a provider of alternative educational provision including providers
of online or blended learning (or both).”

Clause 39

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

 

Page 32, line 11, at end insert—

“( )   in the case of alternative education providers, a member of the
senior team.”

Clause 41

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

 

Page 33, line 34, after “institution” insert “, including providers of online or
blended learning (or both),”

Clause 42

LORD RIX

LORD LOW OF DALSTON

BARONESS HUGHES OF STRETFORD

BARONESS SHARP OF GUILDFORD

 

Page 34, line 10, at end insert—

“( )   If the plan specifies social care provision, the responsible local authority
must secure the specified social care provision for the child or young
person.”

Clause 43

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

 

Page 34, line 24, at end insert—

“( )   a provider of alternative educational provision including online or
blended learning (or both).”

Clause 49

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

 

Page 37, line 18, at end insert “, including online or blended learning provision (or
both)”

Clause 57

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

 

Page 43, line 29, at end insert “including those institutions that provide alternative
educational provision and online or blended learning (or both)”

Clause 59

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

 

Page 44, line 16, at end insert “that has been agreed to by the parent as being
suitably provided and is therefore included in the EHC plan”

 

Page 44, line 30, after “institution” insert “, by an alternative education provider or
in any place”

Clause 62

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

 

Page 45, line 35, at end insert—

“( )   alternative education providers including providers of online or
blended learning (or both)”

 

Page 45, line 39, leave out from “provision” to end of line 40 and insert “that is
requested by the pupil or student or the pupil or student’s parents (or both)”

 

Page 46, line 2, at end insert—

“( )   in the case of alternative education providers, a member of the
senior team”

Clause 64

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

 

Page 46, line 35, at end insert—

“( )   in the case of alternative education providers, a member of the
senior team”

Clause 67

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

 

Page 48, line 33, at end insert “including providers of alternative educational
provision including online and blended learning”

After Clause 69

LORD RAMSBOTHAM

 

Insert the following new Clause—

“Maintaining an EHC plan for detained young persons

After section 562C(2) of the Apprenticeships, Skills, Children and Learning
Act 2009, insert—

“(3)   The host local authority must make arrangements to secure special
educational provision and health care provision in accordance with
an EHC plan as agreed with the home local authority whilst the
young person is detained in relevant youth accommodation.

(4)   Regulations may make provision about maintaining an EHC plan
for a detained young person, in particular—

(a)   how the host and home local authority determine the
provisions of the EHC plan to be maintained whilst the
young person is detained;

(b)   about circumstances in which a host local authority must or
may review an EHC plan or secure a re-assessment whilst
the young person is detained;

(c)   how the provisions of the EHC plan which the host and
home local authority maintain are communicated to the
young person and parent.””

Clause 70

LORD RAMSBOTHAM

 

Leave out Clause 70

Clause 73

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

 

Page 51, line 3, at end insert—

“alternative education provision” means “education arranged by local
authorities for pupils who, because of exclusion, illness or other
reasons, would not otherwise receive suitable education; education
arranged by schools for pupils on a fixed-period exclusion; and
pupils being directed by schools to off-site provision to improve
their behaviour and education provision can include online and
blended learning.”

 

Page 51, line 3, at end insert—

“Alternative education provider” means “an organisation that looks to
provide education for those pupils who, because of exclusion,
illness or other reasons, would not otherwise receive suitable
education and this includes providers of online and blended
learning.”

After Clause 78

THE EARL OF LISTOWEL

 

Insert the following new Clause—

“PART 4A

CHILDREN’S CENTRES

Birth registration pilot scheme

Local authorities must establish a pilot scheme to trial the registration of
births within children’s centres, and evaluate the effectiveness of the
scheme to—

(a)   identify and contact new families; and

(b)   enable children’s centres to reach more families, in particular those
with children under the age of two, or who the local authority
consider—

(i)   hard to reach, or

(ii)   vulnerable.”

 

Insert the following new Clause—

“Information and data sharing

(1)   NHS trusts shall make arrangements to share with local authorities records
of live births to parents resident in their area, to be used by the local
authority for the purposes of identifying and contacting new families
through children’s centres and any other early years outreach services it
may operate.

(2)   The Secretary of State must, within a period of six months of the passing of
this Act, bring forward regulations placing consequential requirements on
trusts and local authorities in exercising their duty under subsection (1),
including, but not limited to—

(a)   the format of arrangements made;

(b)   the safeguarding of information;

(c)   the circumstances in which it would not be appropriate for a trust
to provide information to local authorities;

(d)   the regularity of data transfers;

(e)   timescales within which a local authority must contact new families
made known to it; and

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

Prepared 4th December 2013