Children and Families Bill

Amendments
to be moved
on REPORT

[Supplementary to the Second Marshalled List]

Clause 28

LORD NASH

 

Page 24, line 16, at end insert—

“( )   a person in charge of relevant youth accommodation—

(i)   in which there are detained persons aged 18 or under for
whom the authority was responsible immediately before
the beginning of their detention, or

(ii)   that the authority thinks is accommodation in which such
persons are likely to be detained;”

After Clause 28

BARONESS PITKEATHLEY

BARONESS LISTER OF BURTERSETT

 

Insert the following new Clause—

“General responsibilities of local authorities in relation to carers of disabled
children

(1)   The general duty of a local authority in exercising a function under this Part
in the case of an adult, is to promote that carer’s well-being.

(2)   “Well-being”, in relation to an individual, means that individual’s well-
being so far as relating to any of the following—

(a)   personal dignity (including treatment of the individual with
respect);

(b)   physical and mental health and emotional well-being;

(c)   protection from abuse and neglect;

(d)   control by the individual over day-to-day life (including over care
and support, or support, provided to the individual and the way in
which it is provided);

(e)   participation in work, education, training or recreation;

(f)   social and economic well-being;

(g)   domestic, family and personal relationships;

(h)   suitability of living accommodation; or

(i)   the individual’s contribution to society.

(3)   In exercising a function under this Part in the case of an individual, a local
authority must have regard to the following matters in particular—

(a)   the importance of beginning with the assumption that the
individual is best-placed to judge the individual’s well-being;

(b)   the individual’s views, wishes, feelings and beliefs;

(c)   the importance of preventing or delaying the development of needs
for care and support or needs for support and the importance of
reducing needs of either kind that already exist;

(d)   the need to ensure that decisions about the individual are made
having regard to all the individual’s circumstances (and are not
based only on the individual’s age or appearance or any condition
of the individual’s or aspect of the individual’s behaviour which
might lead others to make unjustified assumptions about the
individual’s well-being);

(e)   the importance of the individual participating as fully as possible in
decisions relating to the exercise of the function concerned and
being provided with the information and support necessary to
enable the individual to participate;

(f)   the importance of achieving a balance between the individual’s
well-being and that of any friends or relatives who are involved in
caring;

(g)   the need to protect people from abuse and neglect; and

(h)   the need to ensure that any restriction on the individual’s rights or
freedom of action that is involved in the exercise of the function is
kept to the minimum necessary for achieving the purpose for which
the function is being exercised.

(4)   “Local authority” means—

(a)   a county council in England;

(b)   a district council for an area in England for which there is no county
council;

(c)   a London borough council; or

(d)   the Common Council of the City of London.

(5)   In this Part, an “individual” is—

(a)   an adult aged 18 or over who has parental responsibility for a
disabled child under Part III of the Children Act 1989.

(b)   an adult is not to be regarded as a carer if the adult provides or
intends to provide care—

(i)   under or by virtue of a contract, or

(ii)   as voluntary work.”

Clause 31

LORD NASH

 

Page 26, line 30, after “following” insert “persons and”

 

Page 26, line 33, at end insert—

“( )   the person in charge of any relevant youth accommodation;”

 

Page 26, line 38, after “The” insert “person or”

 

Page 26, line 38, leave out “it” and insert “the person or body”

 

Page 26, line 40, leave out “its own duties” and insert “the duties of the person or
body”

 

Page 26, line 41, leave out “its functions” and insert “the functions of the person or
body”

 

Page 26, line 42, after “A” insert “person or”

 

Page 26, line 44, after first “a” insert “person or”

 

Page 27, line 1, after “assessment” insert “, a detained person’s EHC needs
assessment”

 

Page 27, line 1, after second “the” insert “person or”

Clause 36

LORD NASH

 

Page 29, line 39, at end insert “or section (Assessment of post-detention education,
health and care needs of detained persons
)”

Clause 48

LORD NASH

 

Page 36, line 32, leave out “custodial sentence” and insert “detention order (within
the meaning of section 562(1A)(a) of EA 1996)”

 

Page 36, line 36, after “was” insert “—

(i)   ”

 

Page 36, line 37, leave out “custodial sentence.” and insert “detention, or”

 

Page 36, line 37, at end insert—

“(ii)   kept for him or her under section (Duty to keep EHC plans for
detained persons
) during the detention.”

After Clause 79

BARONESS PITKEATHLEY

BARONESS LISTER OF BURTERSETT

 

Insert the following new Clause—

“Amendments to the Carers (Recognition and Services) Act 1995

(1)   The Carers (Recognition and Services) Act 1995 is amended as follows.

(2)   Section 1(2)(b) is repealed.

(3)   After section 1(2), insert—

“(2A)    Subject to subsection (3), in any case where it appears to the local
authority that a person with parental responsibility for a disabled
child (“the carer”) may have needs for support (whether currently
or in the future) the authority must—

(a)   assess whether the carer does have needs for support (or is
likely to do so in the future),

(b)   where the carer has such needs, (or is likely to in the future),
take the results of that assessment into account in making
their decision as to whether the needs of the disabled child
call for the provision of any services.””

 

Insert the following new Clause—

“Amendments to the Carers and Disabled Children Act 2000

For section 6(1) of the Carers and Disabled Children Act 2000, substitute—

“(1)   Where it appears to the local authority that a person with parental
responsibility for a disabled child (“the carer”) may have needs for
support (whether currently or in the future), the authority must
assess—

(a)   whether the carer does have needs for support (or is likely
to do so in the future), and

(b)   where the carer has such needs, what those needs are (or are
likely to be in the future).””

After Clause 81

BARONESS BRINTON

 

Insert the following new Clause—

“Provision and support for bullied children

(1)   The Secretary of State must produce an anti-bullying strategy (“the
Strategy”) (and consequential Code of Practice and Statutory Guidelines)
for schools and further education institutions on ways of preventing and
protecting children and young people from bullying and ensuring effective
recovery programmes to counter the consequences of severe bullying.

(2)   The Strategy produced under subsection (1) must include a comprehensive
definition of bullying.

(3)   The Strategy shall ensure cross links between the SEN and Anti-Bullying
Codes of Practice and Statutory Guidelines, so that schools are aware that
some bullied children and young people will have special educational
needs.

(4)   Where the impact of bullying results in a pupil or student having social,
mental or emotional needs, schools and FE institutions should use the
graduated approach detailed in the SEN Code of Practice, but if those
needs are complex and will not be met through this approach, then an
education, health and care plan should be made.

(5)   Where any bullied child or student who has been out of school or further
education institution for a period of three months or longer, and who has
mental or emotional problems (whether or not they are impacting on the
child or student’s learning), the school or further education institution will
have a duty to help provide an urgent referral to the child or young
person’s local Child and Adolescent Mental Health Service.

(6)   A bullied pupil or student who is unable to attend their school or
institution, but who is still on the roll, must be brought to the attention of
the local authority by their school or institution within 3 months of starting
to miss school.

(7)   Where a pupil or student is brought to the attention of the local authority
under subsection (6), it has a duty to find alternative provision that is
suitable for the pupil or student and their needs. The pupil or student’s
educational establishment has a duty to co-operate with the local authority.

(8)   During an inspection, OFSTED will expect a school or institution to
provide details of the plan for any child out of school for an extended
period who is still on the school roll.”

Prepared 19th December 2013