Children and Families Bill

second
marshalled
list of Amendments
to be moved
on report

The amendments have been marshalled in accordance with the Order of 4th December 2013, as follows—

Clauses 11 and 12
Schedule 2
Clauses 13 to 72
Schedule 3
Clauses 73 and 74
Schedule 4
Clauses 75 to 94
Schedule 5
Clause 95
Schedule 6
Clauses 96 to 105
Schedule 7
Clauses 106 to 119

[Amendments marked * are new or have been altered]

Clause 11

BARONESS BUTLER-SLOSS

BARONESS HUGHES OF STRETFORD

BARONESS HOWARTH OF BRECKLAND

14

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.”

After Clause 11

LORD NORTHBOURNE

15

Insert the following new Clause—

“Children’s welfare: duties of parents

For the purposes of section 3(1) of the Children Act 1989, the duties of the
parent to their child are—

(a)   to safeguard and promote the child’s health, development and
welfare;

(b)   to provide in a manner appropriate to the age and development of
the child—

(i)   direction; and

(ii)   guidance,

  to the child;

(c)   if the child is not living with the parent, to maintain personal
relations and contact with the child on a regular basis,

but only in so far as compliance with this section if practicable and in the
best interest of the child.”

After Clause 14

LORD LLOYD OF BERWICK

LORD BROWN OF EATON-UNDER-HEYWOOD

16

Insert the following new Clause—

“Care proceedings: standard of proof

(1)   The Children Act 1989 is amended as follows.

(2)   In section 31 (care and supervision), after subsection (2) insert—

“(2A)    Subsection (2) above shall be interpreted so as to permit a court to
infer that a child is likely to suffer significant harm from the sole fact
that the child is, or will be, living with a person who is a possible
perpetrator of significant harm to another child.

(2B)   For the purposes of subsection (2A), a person (the person
concerned) is to be treated as a “possible perpetrator” if—

(a)   a child has suffered significant harm;

(b)   the court is unable to identify the actual perpetrator of the
said harm but identifies a list of possible perpetrators by
finding (in relation to each such person) that there is a real
possibility that he caused significant harm to the child; and

(c)   the person concerned is one of the persons on the said list.””

Clause 19

LORD LOW OF DALSTON

BARONESS WARNOCK

BARONESS WILKINS

16A

Page 19, line 20, at end insert—

“( )   the need to continue to develop an inclusive system where parents
of disabled children have increasing access to mainstream schools
and staff and which have the capacity to meet the needs of disabled
children.”

After Clause 19

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

17

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 Act, 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 21

LORD NASH

17A

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

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

LORD RAMSBOTHAM

BARONESS MORGAN OF ELY

18

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 22

LORD NASH

18A

Page 20, line 24, after “identifies” insert “—

(a)   ”

18B

Page 20, line 25, at end insert “, and

(b)   all the children and young people in its area who have a disability.”

After Clause 22

BARONESS WILKINS

BARONESS HOWE OF IDLICOTE

LORD LOW OF DALSTON

18C

Insert the following new Clause—

“Data on the number of children and young people with special educational
needs and disabilities

(1)   A local authority in England must publish information annually within the
local offer on the number of children and young people in its area who have
special educational needs and disabilities.

(2)   Information under subsection (1) must be published by type of special
educational need and disability.”

Clause 23

LORD NASH

18D

Transpose Clause 23 to after Clause 24

Clause 24

LORD NASH

18E

Page 20, line 38, at end insert “or a disability”

18F

Page 21, line 7, after “needs” insert “or disability”

Clause 25

LORD NASH

18G

Page 21, line 11, leave out “special educational” and insert “educational provision
and training”

18H

Page 21, line 14, after “needs” insert “or a disability”

Clause 26

LORD NASH

18J

Page 21, line 32, after first “for” insert “—

(a)   ”

18K

Page 21, line 33, at end insert “, and

(b)   children and young people in the authority’s area who have a
disability.”

18L

Page 21, line 40, after “by” insert “—

(i)   ”

18M

Page 21, line 42, leave out “concerned” and insert “within subsection (1)(a)”

18N

Page 21, line 42, after “needs” insert “, and

(ii)   the disabilities of the children and young people within
subsection (1)(b)”

LORD RAMSBOTHAM

19

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).”

20

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

21

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.”

LORD NASH

21A

Page 22, line 27, after second “for” insert “—

(i)   ”

21B

Page 22, line 29, after “needs” insert “, or

(ii)   any children and young people in the authority’s area who
have a disability”

21C

Page 22, line 32, leave out “such children and young people” and insert “children
and young people within paragraph (a)”

LORD RAMSBOTHAM

22

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.”

23

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).”

24

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

LORD NASH

24A

Page 22, line 40, leave out “special educational” and insert “educational provision,
training”

24B

Page 22, line 42, after “needs” insert “or a disability”

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

25

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

LORD NASH

25A

Page 22, line 43, leave out “special educational” and insert “educational provision,
training”

25B

Page 22, line 44, after first “for” insert “—

(i)   ”

25C

Page 22, line 45, at end insert “, and

(ii)   children and young people in its area who have a
disability.”

25D

Page 23, line 2, leave out “special educational” and insert “educational needs,
training”

BARONESS HOWE OF IDLICOTE

25E

Page 23, line 3, at end insert—

“(2A)    If the educational and social care provision referred to in subsection (1)(a)
and (b) is deemed insufficient to meet the needs of children and young
people under subsection (2), a local authority must—

(a)   publish these findings;

(b)   involve those consulted under subsection (3) in producing an action
plan to revise the educational and social care provision referred to
in subsection (1)(a) and (b);

(c)   review and report on progress against the action plan; and

(d)   revise the local offer accordingly.

(2B)   Regulations shall make provision about—

(a)   criteria to be used by local authorities in assessing whether the
educational and social care provision referred to in subsection (1)(a)
and (b) is sufficient under subsection (2);

(b)   the information to be included in an authority’s action plan;

(c)   how an authority is to involve children, young people and families
in the production of, and assessment of progress against, its action
plan;

(d)   imposing time limits on implementing the revision of the
educational and social care provision referred to in subsection (1)(a)
and (b) that has been deemed insufficient under subsection (2A).”

LORD NASH

25F

Page 23, line 5, leave out paragraph (a) and insert—

“( )   children and young people in its area with special educational
needs, and the parents of children in its area with special
educational needs;

( )   children and young people in its area who have a disability, and the
parents of children in its area who have a disability;”

25G

Page 23, line 17, after “by” insert “—

(i)   ”

25H

Page 23, line 18, at end insert “, or

(ii)   children or young people in its area who have a disability”

25J

Page 23, line 20, after “to” insert “—

(i)   ”

25K

Page 23, line 20, at end insert “, or

(ii)   children or young people in its area who have a disability”

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

26

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

27

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

28

Page 25, line 5, at end insert—

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

29

Page 25, line 17, at end insert—

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

Clause 30

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

30

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

LORD NASH

30A

Page 25, line 23, after “needs” insert “or a disability”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

31

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

LORD NASH

31A

Page 25, line 25, after first “for” insert “—

(i)   ”

31B

Page 25, line 26, at end insert “, and

(ii)   children and young people in its area who have a
disability.”

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

32

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

LORD NASH

32A

Page 25, line 30, at beginning insert “other”

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

33

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

LORD NASH

33A

Page 26, line 2, at end insert “—

(i)   ”

33B

Page 26, line 4, at end insert—

“(ii)   children and young people who have a disability, and the
parents of children who have a disability, and”

33C

Page 26, line 5, at end insert “(including details of any action the authority intends
to take)”

LORD LOW OF DALSTON

BARONESS HUGHES OF STRETFORD

33D

Page 26, line 5, at end insert—

“(6A)    The Secretary of State shall lay a draft of regulations setting out the
standards and quality of the special educational provision, health care
provision and social care provision which local authorities must meet in
their local offer, and the regulations are not to be made unless they have
been approved by a resolution of each House of Parliament.

(6B)   Once regulations under subsection (6A) have been made, the Secretary of
State must—

(a)   issue guidance to local authorities on how to meet these
regulations, and

(b)   publish information on these regulations accessible to the families
of children and young people with special educational needs on the
Department’s website, and in any other way he sees fit.”

LORD NASH

33E

Page 26, line 13, after “involve” insert “—

(i)   ”

33F

Page 26, line 15, leave out from “needs,” to end of line and insert “and

(ii)   children and young people who have a disability, and the
parents of children who have a disability,

in the preparation and review of its local offer;”

33G

Page 26, line 21, at end insert “—

(i)   ”

33H

Page 26, line 23, at end insert “, and

(ii)   children and young people who have a disability and those
who care for them”

Clause 32

LORD NASH

33J

Page 27, line 4, after first “for” insert “children and young people for whom it is
responsible, and”

33K

Page 27, line 5, leave out “and young people for whom it is responsible,”

33L

Page 27, line 7, at end insert—

“(1A)    A local authority in England must arrange for children and young people
in its area with a disability, and the parents of children in its area with a
disability, to be provided with advice and information about matters
relating to the disabilities of the children or young people concerned.”

33M

Page 27, line 9, leave out “subsection (1)” and insert “subsections (1) and (1A)”

33N

Page 27, line 10, at end insert—

“( )   children in its area;”

33P

Page 27, line 15, leave out “subsection (1)” and insert “subsections (1) and (1A)”

Clause 34

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

34

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

BARONESS HOWE OF IDLICOTE

34A

Page 28, line 41, leave out subsection (9)

Clause 36

BARONESS SHARP OF GUILDFORD

34B

Page 30, line 20, leave out subsection (10)

LORD NASH

BARONESS SHARP OF GUILDFORD

BARONESS CUMBERLEGE

34C*

Page 30, line 20, after “In” insert “making a determination or”

34D*

Page 30, line 21, leave out “have regard to his or her age” and insert “consider
whether he or she requires additional time, in comparison to the majority of others
of the same age who do not have special educational needs, to complete his or her
education or training”.

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

34E*

Page 30, line 21, leave out “age” and insert “educational progress”

Clause 37

BARONESS SHARP OF GUILDFORD

LORD NASH

BARONESS CUMBERLEGE

34F

Page 31, line 10, leave out subsection (4)

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

34G*

Page 31, line 11, leave out “age” and insert “educational progress”

Clause 38

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

35

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

36

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

37

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

38

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

39

Page 34, line 24, at end insert—

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

Clause 44

BARONESS SHARP OF GUILDFORD

39A

Page 35, line 7, leave out subsection (5)

LORD NASH

BARONESS SHARP OF GUILDFORD

BARONESS CUMBERLEGE

39B*

Page 35, line 9, leave out “his or her age” and insert “whether the educational or
training outcomes specified in the plan have been achieved”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

39C*

Page 35, line 9, leave out “age” and insert “educational progress”

Clause 45

LORD NASH

BARONESS SHARP OF GUILDFORD

BARONESS CUMBERLEGE

39D*

Page 35, line 37, leave out “child or young person” and insert “young person aged
over 18”

39E*

Page 35, line 39, after “educational” insert “or training”

BARONESS SHARP OF GUILDFORD

LORD NASH

BARONESS CUMBERLEGE

39F

Page 35, line 41, leave out subsection (4)

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

39G*

Page 35, line 43, leave out “age” and insert “educational progress”

Clause 49

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

40

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

Clause 51

LORD RIX

LORD LOW OF DALSTON

BARONESS HOLLINS

40A*

Page 38, line 42, at end insert—

“(g)   the social care provision specified in an EHC plan;

(h)   the healthcare provision specified in an EHC plan.”

Clause 57

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

41

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

42

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”

43

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

After Clause 61

LORD LOW OF DALSTON

43A*

Insert the following new Clause—

“Guidance on duty to maintain a register of disabled children and young people
under section 17 of the Children Act 1989

The Secretary of State shall issue impairment specific guidance, whether in
regulation or otherwise, to local authorities on how they can most
effectively discharge their duty to maintain a register of disabled children
and young people under section 17 of the Children Act 1989.”

Clause 62

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

44

Page 45, line 35, at end insert—

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

45

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)”

LORD ADDINGTON

45A

Page 45, line 40, at end insert—

“( )   On using their best endeavours to fully meet the special educational needs
of a registered student at a school or other institution, the school or other
institution must undertake an audit of the skills and knowledge of its
workforce to deliver a graduated approach to special educational
provision.”

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

46

Page 46, line 2, at end insert—

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

Clause 63

LORD ADDINGTON

46A

Page 46, line 20, at end insert—

“( )   The appropriate authority must ensure that those SEN co-ordinators who
have not undertaken a module on special educational needs within a year
must either—

(a)   demonstrate their core competence for the position through
appropriate CPD activity; or

(b)   have opportunities to undergo further training.”

After Clause 63

LORD ADDINGTON

46B

Insert the following new Clause—

“Assessment of newly qualified teachers

(1)   This section imposes duties on the appropriate authorities for the following
schools in England—

(a)   mainstream schools, and

(b)   maintained nursery schools.

(2)   The appropriate authority should assess all newly qualified teachers
within one year of being in post, so that they are prepared to teach children
with special educational needs the full range of needs they should expect
to find in a mainstream state-funded school.”

46C

Insert the following new Clause—

“Apprenticeship support

Apprenticeship training providers must enable individuals undertaking an
apprenticeship to access the full range of special education provisions to
which they are entitled under this Act, the Equality Act 2010 and the
Apprenticeship, Skills, Children and Learning Act 2009.”

46D

Insert the following new Clause—

“Apprenticeship re-assessment

Those individuals, with special educational needs, who fail the key skills or
functional skills component of the Apprenticeship Frameworks must have
the opportunity to be reassessed.”

Clause 64

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

47

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

48

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

After Clause 68

BARONESS WILKINS

BARONESS HOWE OF IDLICOTE

LORD LOW OF DALSTON

48ZA

Insert the following new Clause—

“Inspection and review of local authority special educational needs provision

Services included in the local offer that are delivered or commissioned by
the local authority for the provision of specialist education support for
children with special educational needs under this Act shall be subject to
inspection by an appointed regulator and the findings shall be published.”

Before Clause 69

LORD ADDINGTON

48A

Insert the following new Clause—

“Special educational needs screening test

After section 562E(2) of the Education Act 1996 insert—

“(3)   The host authority must make arrangements to ensure that the
work force have skills and knowledge to identify special
educational needs, particularly specific learning difficulties, and
put effective interventions in place.””

After Clause 69

LORD RAMSBOTHAM

BARONESS WARNOCK

49

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

BARONESS HUGHES OF STRETFORD

BARONESS WARNOCK

50

Leave out Clause 70

Schedule 3

LORD NASH

50A

Page 161, line 5, at end insert—

“Children Act 1989 (c. 41)

   (1)   The Children Act 1989 is amended as follows.

(2)   In section 23E (pathway plans), in subsection (1A)(a) after “Education
Act 1996” insert “or Part 3 of the Children and Families Act 2013”.

(3)   In Part 1 of Schedule 2 (provision of services to families) in paragraph 3
(assessment of children’s needs) after paragraph (b) insert—

“(ba)   Part 3 of the Children and Families Act 2013;”.”

Clause 73

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

51

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.”

52

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.”

LORD NASH

52A

Page 51, line 40, at end insert—

“( )   A child or young person has a disability for the purposes of this Part if he
or she has a disability for the purposes of the Equality Act 2010.”

After Clause 73

BARONESS JONES OF WHITCHURCH

BARONESS HUGHES OF STRETFORD

BARONESS KIDRON

THE LORD BISHOP OF OXFORD

53

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.”

Schedule 4

BARONESS WALMSLEY

LORD STOREY

BARONESS TYLER OF ENFIELD

BARONESS SHARP OF GUILDFORD

53A

Page 171, line 32, at end insert—

the quality of the care and early education offered by the early years providers registered with the agency,”

Clause 76

BARONESS TYLER OF ENFIELD

LORD STOREY

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

53B

Page 52, line 25, at end insert—

“( )   The Secretary of State must, within four years of the coming into force of
subsection (1), conduct a review of the impact of removal of section 11 of
the Childcare Act 2006 on the sufficiency of childcare in England.

( )   The Secretary of State must—

(a)   lay a copy of the report before Parliament, and

(b)   publish the report in such a manner as they think fit.”

After Clause 78

BARONESS WALMSLEY

LORD STOREY

BARONESS SHARP OF GUILDFORD

BARONESS TYLER OF ENFIELD

54

Insert the following new Clause—

“No right to give corporal punishment: part-time educational institutions

In the Education Act 1996, at the end of section 548(7B) (no right to give
corporal punishment), insert “except that it applies in relation to this
section as if for paragraphs (a) and (b) of section 92(2) of that Act there were
substituted the following words “for any amount of time during an
academic year, no matter how little””.”

THE EARL OF LISTOWEL

55

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.”

56

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.”

After Clause 79

BARONESS WALMSLEY

57

Insert the following new Clause—

“PART 4A

PROTECTION OF CHILDREN

Actions due to a belief of possession by spirits

(1)   Section 1 of the Children and Young Persons Act 1993 (cruelty to persons
under sixteen) is amended as follows.

(2)   In subsection (1) omit the words “and has responsibility for any child or
young person under that age,” and for the word “him” substitute “any
child or young person under that age”.

(3)   In subsection (2), after paragraph (b) insert—

“(c)   in subsection (1) the meaning of “ill-treats” includes the
communication by word or by action a belief that the child is
possessed by evil spirits or has supernatural harmful powers—

(i)   to the child concerned, or

(ii)   to anyone connected to that child.””

After Clause 82

BARONESS MASSEY OF DARWEN

BARONESS DRAKE

58

Insert the following new Clause—

“Local authority’s duty to investigate: work with families

In section 47 of the Children Act 1989 after subsection (8) insert—

“(8A)    Where, as a result of complying with this section, a local authority
conclude that a child may need to become looked after in order to
safeguard and promote their welfare, the local authority must,
unless emergency action is required, seek to identify and consider
the willingness and suitability of any relative, friend of other person
connected with the child, to care for them as an alternative to them
becoming looked after by unrelated carers.””

59

Insert the following new Clause—

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

After section 17B of the Children Act 1989 insert—

“17C          Support for family and friends carers when children are not
looked after

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.””

After Clause 85

BARONESS MASSEY OF DARWEN

59A

Insert the following new Clause—

“Independence of the Children’s Commissioner

In Schedule 1 to the Children Act 2004, in paragraph 1 (status) after sub-
paragraph (2) insert—

“(3)   The Secretary of State shall not undermine the Children’s
Commissioner’s independence and shall ensure that the Children’s
Commissioner is under as few constraints as reasonably possible in
determining—

(a)   the Commissioner’s activities,

(b)   the Commissioner’s timetables, and

(c)   the Commissioner’s priorities.””

After Clause 95

BARONESS FINLAY OF LLANDAFF

LORD FAULKNER OF WORCESTER

BARONESS TYLER OF ENFIELD

LORD MCCOLL OF DULWICH

60

Insert the following new Clause—

“Children’s health: standardised tobacco packaging

(1)   The Children and Young Persons (Protection from Tobacco) Act 1991 is
amended as follows.

(2)   After section 3A (sales from vending machines in England and Wales)
there is inserted—

“3B Standardised packaging

(1)   The appropriate national authority must, if satisfied that doing so is
in the interests of preventing harm to the health of children under
the age of 18 or of promoting the health of children under the age of
18, make regulations specifying retail tobacco packaging
requirements in England and Wales.

(2)   Regulations made under subsection (1) must provide that retail
packaging or tobacco products of any such description, or falling
within any such class as may be specified in the regulations, shall
not, except in such circumstances as may be so specified, be of any
such colour or shape, or display any such mark or trade mark, or
any other particulars as may be so specified.

(3)   A person is guilty of an offence if—

(a)   in the course of a business the person owns or manages
retail or commercial premises or a leisure facility; and

(b)   the person sells or supplies, or has in the premises or facility
for sale or supply, any tobacco product; and

(c)   the retail packaging of the tobacco product does not comply
with a specified retail tobacco packaging requirement.

(4)   A person (“person A”) is guilty of an offence if—

(a)   person A manufactures any tobacco product; and

(b)   either—

(i)   person A packages the product for retail sale; or

(ii)   person A enters into a contract or arrangement, or
arrives at an understanding, for another person
(person B) to package the product for retail sale; and

(c)   (in a case falling within paragraph (b)(ii)) the tobacco
product is packaged for retail sale by person B; and

(d)   the retail packaging does not comply with a specified retail
tobacco packaging requirement.

(5)   Sections 13, 14 and 15 of the Tobacco Advertising and Promotion
Act 2002 (enforcement etc.) apply for the purposes of this section
and regulations made under it as they apply for the purposes of
provisions of that Act.

(6)   The power of the appropriate national authority to make
regulations under this section—

(a)   is exercisable by statutory instrument,

(b)   may be exercised to make different provision for different
cases or circumstances, and

(c)   includes power to make supplementary, incidental,
consequential or transitional provision.

(7)   A statutory instrument containing regulations made under this
section may not be made—

(a)   by the Secretary of State unless a draft of the instrument has
been laid before, and approved by a resolution of, each
House of Parliament, and

(b)   by the Welsh Ministers unless a draft of the instrument has
been laid before, and approved by a resolution of, the
National Assembly for Wales.

(8)   In this section—

“the appropriate national authority”—

(a)   in relation to England, means the Secretary of State;
and

(b)   in relation to Wales, means the Welsh Ministers;

“container” includes any pack, carton, box, tin, packet, bag,
pouch, tube or other container;

“retail packaging” means—

(a)   container for retail sale in which a tobacco product is
directly placed;

(b)   any container for retail sale that contains a smaller
container in which a tobacco product is directly
placed;

(c)   any cigarette paper in which tobacco is contained
and anything else forming part of a cigarette other
than the tobacco;

(d)   any plastic or other wrapper that covers any retail
packaging of the type described in paragraphs (a) to
(c);

(e)   any plastic or other wrapper that covers a tobacco
product, being a tobacco product that is for retail
sale; or

(f)   anything (other than a tobacco product) that is
placed inside or is affixed or otherwise attached to
retail packaging of the type described in paragraphs
(a) to (e) but does not include the lining of a cigarette
pack if the lining complies with retail packaging
requirements;

a “retail tobacco packaging requirement” is a requirement
relating to any of the following particulars—

(a)   the colour of retail packaging;

(b)   the shape and material of retail packaging;

(c)   trade marks or registered trade marks displayed on
retail packaging;

(d)   the labelling of or on packages, packaging or tobacco
products, or associated with retail packaging or
tobacco products;

(e)   the contents of retail packaging (including the shape
and size of tobacco products);

(f)   any covert or overt markings, coded numbering or
any other security features on retail packaging or
tobacco products; or

(g)   any other particulars relating to retail packaging or
tobacco products as may be prescribed by the
Secretary of State;

a “specified retail packaging requirement” is a retail tobacco
packaging requirement specified in regulations made under
subsection (1);

“trade mark” and “registered trade mark” have the same
meaning as in section 1 of the Trade Marks Act 1994.””

LORD HUNT OF KINGS HEATH

BARONESS HUGHES OF STRETFORD

61

Insert the following new Clause—

“Protection of children’s health: standardised tobacco packaging

The Secretary of State shall, within six months of this Act coming into force,
bring forward legislation making it an offence, where the sale or supply of
any tobacco product would have a detrimental impact on the health or
wellbeing of children under 18, for anyone to sell or supply any tobacco
product, the retail packaging of which is not free of any colour, shape,
trademark or any other mark as may be specified in regulations by the
Secretary of State.”

LORD RIBEIRO

BARONESS FINLAY OF LLANDAFF

BARONESS TYLER OF ENFIELD

LORD FAULKNER OF WORCESTER

62

Insert the following new Clause—

“Offence of failing to prevent smoking in a private vehicle when children are
present

(1)   The Health Act 2006 is amended as follows.

(2)   After section 8 there is inserted—

“8A Offence of failing to prevent smoking in a private vehicle when
children are present

(1)   It is the duty of any person who drives a private vehicle to ensure
that that vehicle is smoke-free whenever a child or children under
the age of 18 are in such vehicle or part of such vehicle.

(2)   A person who fails to comply with the duty in subsection (1)
commits an offence.

(3)   A person convicted of an offence under this section who has not
previously been convicted of such an offence shall have the option
of attending a smoke-free driving awareness course in place of
paying a fine under subsection (4).

(4)   A person who does not wish to attend an awareness course or who
has previously been convicted of an offence under this section is
liable on summary conviction to a fine of £60.

(5)   The Secretary of State may introduce regulations to alter the level of
penalty payable under subsection (4).

(6)   The Secretary of State shall update all relevant regulations
regarding the offence created under subsection (2) within six
months of this section coming into force.

(7)   The Secretary of State shall introduce regulations within six months
of this section coming into force to prescribe the format of the
awareness course in subsection (3).”

(3)   In section 79(4)(a), for “or 8(7)” substitute “, 8(7), or 8A(5)”.”

After Clause 100

BARONESS DRAKE

BARONESS MASSEY OF DARWEN

63

Insert the following new Clause—

“Kinship carers’ adjustment leave

(1)   A qualifying employee who satisfies prescribed conditions may be absent
from work at any time during an adjustment leave period.

(2)   An adjustment leave period is a period calculated in accordance with
regulations made by the Secretary of State.

(3)   The regulations under subsection (2) shall include provision for
determining the extent of an employee’s entitlement to leave under this
section but shall secure that where an employee is entitled to leave under
this section a period prescribed by the Secretary of State.

(4)   An employee who exercises his or her rights under subsection (1)—

(a)   is entitled, for such purposes and to such extent as may be
prescribed, to the benefit of the terms and conditions of
employment which would have applied if he or she had not been
absent,

(b)   is bound, for such purposes and to such extent as may be
prescribed, by any obligations arising under those terms and
conditions (except in so far as they are inconsistent with subsection
(1)), and

(c)   is entitled to return from leave to a job of a prescribed kind.

(5)   For the purposes of this section, an employee is a qualifying employee if—

(a)   he or she is a family and friends (kinship) carer looking after a child
full-time because the parent(s) is unable to look after the child, and

(b)   he or she meets the criteria set out in the regulations under
subsection (2).”

Clause 118

LORD NASH

64

Page 123, line 2, at end insert—

“(1A)    Section (Contact between prescribed persons and adopted person’s relatives)—

(a)   so far as it relates to England, comes into force on such day as the
Secretary of State appoints by order, and

(b)   so far as it relates to Wales, comes into force on such day as the
Welsh Ministers appoint by order.”

65

Page 123, line 9, after “subsection” insert “(1A),”

In the Title

LORD NASH

66

Line 2, after “needs” insert “or disabilities”

Prepared 14th December 2013