Children and Families Bill

Amendments
to be moved
on report

Clause 3

BARONESS HUGHES OF STRETFORD

 

Page 2, line 36, at end insert—

“( )   When it relates to a direction given under subsection 3(b) or (c), the
power to make a direction under subsection (1) will be exercisable
by statutory instrument not to be made unless a draft of the
instrument has been laid before, and approved by resolution of,
each House of Parliament.”

After Clause 7

BARONESS YOUNG OF HORNSEY

 

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 may provide for the transfer of records held by 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, and 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 has at
any time while they were a child or young person been 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 1998 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.”

After Clause 19

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

 

Insert the following new Clause—

“Children and young people with special educational needs

For the purposes of sections 22, 24, 25, 26, 27, 30, 32 and 62 of this Part, the
term “children and young people with special educational needs” will be
interpreted to include children and young people with a disability under
the Equality Act 2010.”

Clause 30

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

 

Page 25, line 21, leave out “it expects to be” and insert “which is”

 

Page 25, line 24, leave out “it expects to be” and insert “which is”

Prepared 5th December 2013