Children and Social Work Bill [HL]

Commons amendments

[The page and line references are to Bill 99, the Bill as first printed for the Commons.]

Clause 4

1

Page 5, line 35, leave out from beginning to end of line 4 on page 6 and insert—

 

“(6)    

In this section—

 

“relevant child” means—

 

(a)    

a child who was looked after by the local

 

authority or another local authority in

 

England or Wales but ceased to be so looked

 

after as a result of—

 

(i)    

a child arrangements order which

 

includes arrangements relating to

 

with whom the child is to live, or

 

when the child is to live with any

 

person,

 

(ii)    

a special guardianship order, or

 

(iii)    

an adoption order within the

 

meaning given by section 72(1) of the

 

Adoption Act 1976 or section 46(1) of

 

the Adoption and Children Act 2002,

 

or

 

(b)    

a child who appears to the local authority—

 

(i)    

to have been in state care in a place

 

outside England and Wales because

 

he or she would not otherwise have

 

been cared for adequately, and

 

(ii)    

to have ceased to be in that state care

 

as a result of being adopted.”

2

Page 6, line 13, at end insert—

 

“(8)    

For the purposes of this section a child is in “state care” if he or she

 

is in the care of, or accommodated by—

 

(a)    

a public authority,

 

(b)    

a religious organisation, or

 

(c)    

any other organisation the sole or main purpose of which is

 

to benefit society.”

 

 
 

2

Clause 5

3

Page 6, leave out lines 24 to 36 and insert—

 

“(2)    

A registered pupil is within this subsection if the pupil—

 

(a)    

was looked after by a local authority but ceased to be looked

 

after by them as a result of—

 

(i)    

a child arrangements order (within the meaning

 

given by section 8(1) of the 1989 Act) which includes

 

arrangements relating to with whom the child is to

 

live, or when the child is to live with any person,

 

(ii)    

a special guardianship order (within the meaning

 

given by section 14A(1) of the 1989 Act), or

 

(iii)    

an adoption order (within the meaning given by

 

section 72(1) of the Adoption Act 1976 or section

 

46(1) of the Adoption and Children Act 2002), or

 

(b)    

appears to the governing body—

 

(i)    

to have been in state care in a place outside England

 

and Wales because he or she would not otherwise

 

have been cared for adequately, and

 

(ii)    

to have ceased to be in that state care as a result of

 

being adopted.”

4

Page 6, line 43, leave out from “is” to end of line 45 and insert ““looked after by a

 

local authority” if the person is looked after by a local authority for the purposes

 

of the 1989 Act or Part 6 of the 2014 Act.”

5

Page 6, line 45, at end insert—

 

“(5A)    

For the purposes of this section a person is in “state care” if he or she

 

is in the care of, or accommodated by—

 

(a)    

a public authority,

 

(b)    

a religious organisation, or

 

(c)    

any other organisation the sole or main purpose of which is

 

to benefit society.”

Clause 6

6

Page 7, line 46, at end insert “or

 

“(c)    

appears to the proprietor of the Academy—

 

(i)    

to have been in state care in a place outside England

 

and Wales because he or she would not otherwise

 

have been cared for adequately, and

 
 

(ii)    

to have ceased to be in that state care as a result of

 

being adopted;”

7

Page 8, line 11, leave out from “is” to end of line 13 and insert ““looked after by a

 

local authority” if the person is looked after by a local authority for the purposes

 

of the Children Act 1989 or Part 6 of the Social Services and Well-being (Wales) Act

 

2014 (anaw 4).”

8

Page 8, line 13, at end insert—

 

“(5A)    

For the purposes of this section a person is in “state care” if he or she

 

is in the care of, or accommodated by—

 

(a)    

a public authority,

 
 

 


 
 

3

 
 

(b)    

a religious organisation, or

 

(c)    

any other organisation the sole or main purpose of which is

 

to benefit society.”

After Clause 9

9

Insert the following new Clause—

 

“Placing children in secure accommodation elsewhere in Great Britain

 

    

Schedule (Placing children in secure accommodation elsewhere in Great Britain)

 

contains amendments relating to—

 

(a)    

the placement by local authorities in England and Wales of children

 

in secure accommodation in Scotland, and

 

(b)    

the placement by local authorities in Scotland of children in secure

 

accommodation in England and Wales.”

Clause 11

10

Transpose Clause 11 to after Clause 31.

Clause 32

11

Transpose Clause 32 to after Clause 30

After Clause 32

12

Insert the following new Clause—

 

“Education relating to relationships and sex

 

(1)    

The Secretary of State must by regulations make provision requiring—

 

(a)    

relationships education to be provided to pupils of compulsory

 

school age receiving primary education at schools in England;

 
 

(b)    

relationships and sex education to be provided (instead of sex

 

education) to pupils receiving secondary education at schools in

 

England.

 

(2)    

The regulations must include provision—

 

(a)    

requiring the Secretary of State to give guidance to proprietors of

 

schools in relation to the provision of the education and to review

 

the guidance from time to time;

 

(b)    

requiring proprietors of schools to have regard to the guidance;

 

(c)    

requiring proprietors of schools to make statements of policy in

 

relation to the education to be provided, and to make the statements

 

available to parents or other persons;

 

(d)    

about the circumstances in which a pupil (or a pupil below a

 

specified age) is to be excused from receiving relationships and sex

 

education or specified elements of that education.

 

(3)    

The regulations must provide that guidance given by virtue of subsection

 

(2)(a) is to be given with a view to ensuring that when relationships

 

education or relationships and sex education is given—

 

(a)    

the pupils learn about—

 

(i)    

safety in forming and maintaining relationships,

 

(ii)    

the characteristics of healthy relationships, and

 

 


 
 

4

 
 

(iii)    

how relationships may affect physical and mental health

 

and well-being, and

 

(b)    

the education is appropriate having regard to the age and the

 

religious background of the pupils.

 

(4)    

The regulations may make further provision in connection with the

 

provision of relationships education, or relationships and sex education.

 

(5)    

Before making the regulations, the Secretary of State must consult such

 

persons as the Secretary of State considers appropriate.

 

(6)    

The regulations may amend any provision (including provision conferring

 

powers) that is made by or under—

 

(a)    

section 342 of the Education Act 1996;

 

(b)    

Chapter 4 of Part 5 of the Education Act 1996;

 

(c)    

Schedule 1 to the Education Act 1996;

 

(d)    

Part 6 of the Education Act 2002;

 

(e)    

Chapter 1 of Part 4 of the Education and Skills Act 2008;

 

(f)    

the Academies Act 2010.

 

(7)    

Any duty to make provision by regulations under subsection (1) may be

 

discharged by making that provision by regulations under another Act, so

 

long as the Secretary of State consults such persons as the Secretary of State

 

considers appropriate before making the regulations under that Act.

 

(8)    

The provision that may be made by regulations under subsection (1) by

 

virtue of section 70 includes, in particular, provision amending, repealing

 

or revoking any provision made by or under any Act or any other

 

instrument or document (whenever passed or made).

 

(9)    

Regulations under subsection (1) which amend provision made by or

 

under an Act are subject to the affirmative resolution procedure.

 

(10)    

Other regulations under subsection (1) are subject to the negative

 

resolution procedure.

 
 

(11)    

Expressions used in this section, where listed in the left-hand column of the

 

table in section 580 of the Education Act 1996, are to be interpreted in

 

accordance with the provisions of that Act listed in the right-hand column

 

in relation to those expressions.”

After Clause 32

13

Insert the following new Clause—

 

“Other personal, social, health and economic education

 

(1)    

The Secretary of State may by regulations make provision requiring

 

personal, social, health and economic education (beyond that required by

 

virtue of section [Education relating to relationships and sex]) to be provided—

 

(a)    

to pupils of compulsory school age receiving primary education at

 

schools in England;

 

(b)    

to pupils receiving secondary education at schools in England.

 

(2)    

The regulations may include—

 

(a)    

provision requiring the Secretary of State to give guidance to

 

proprietors of schools in relation to the provision of the education;

 

 


 
 

5

 
 

(b)    

provision requiring proprietors of schools to have regard to that

 

guidance;

 

(c)    

provision requiring proprietors of schools to make statements of

 

policy in relation to the education to be provided, and to make the

 

statements available to parents or other persons;

 

(d)    

further provision in connection with the provision of the education.

 

(3)    

Before making the regulations, the Secretary of State must consult such

 

persons as the Secretary of State considers appropriate.

 

(4)    

The regulations may amend any provision (including provision conferring

 

powers) that is made by or under—

 

(a)    

section 342 of the Education Act 1996;

 

(b)    

Chapter 4 of Part 5 of the Education Act 1996;

 

(c)    

Schedule 1 to the Education Act 1996;

 

(d)    

Part 6 of the Education Act 2002;

 

(e)    

Chapter 1 of Part 4 of the Education and Skills Act 2008;

 

(f)    

the Academies Act 2010.

 

(5)    

The provision that may be made by regulations under subsection (1) by

 

virtue of section 70 includes, in particular, provision amending, repealing

 

or revoking any provision made by or under any Act or any other

 

instrument or document (whenever passed or made).

 

(6)    

Regulations under subsection (1) which amend provision made by or

 

under an Act are subject to the affirmative resolution procedure.

 

(7)    

Other regulations under subsection (1) are subject to the negative

 

resolution procedure.

 

(8)    

Expressions used in this section, where listed in the left-hand column of the

 

table in section 580 of the Education Act 1996, are to be interpreted in

 

accordance with the provisions of that Act listed in the right-hand column

 

in relation to those expressions.

 
 

(9)    

A power to make provision under this section does not limit any power to

 

make provision of the same kind under another Act.”

 
 

After Clause 38

14

Insert the following new Clause—

 

“Improvement standards

 

(1)    

The Secretary of State may—

 

(a)    

determine and publish improvement standards for social workers

 

in England;

 

(b)    

carry out assessments of whether people meet improvement

 

standards under paragraph (a).

 

(2)    

The Secretary of State may make arrangements for another person to do

 

any or all of those things (and may make payments to that person).

 

(3)    

The Secretary of State must consult such persons as the Secretary of State

 

considers appropriate before determining a standard under subsection

 

(1)(a).

 

 


 
 

6

 
 

(4)    

In this section “improvement standard” means a professional standard the

 

attainment of which demonstrates particular expertise or specialisation.

 

(5)    

Nothing in this section limits anything in section 38.”

After Clause 41

15

Insert the following new Clause—

 

“Ensuring adequate provision of social work training

 

(1)    

The Secretary of State may take such steps as the Secretary of State

 

considers appropriate—

 

(a)    

to ensure that adequate provision is made for social work training,

 

and

 

(b)    

to encourage individuals resident in England to undertake social

 

work training.

 

(2)    

The power under subsection (1) may, in particular, be used to provide

 

financial or other assistance (subject to any conditions the Secretary of State

 

thinks are appropriate)—

 

(a)    

for individuals resident in England to undertake social work

 

training;

 

(b)    

for organisations providing social work training.

 

(3)    

Functions of the Secretary of State under this section may be exercised by

 

any person, or by employees of any person, authorised to do so by the

 

Secretary of State.

 

(4)    

For the purpose of determining—

 

(a)    

the terms and effect of an authorisation under subsection (3), and

 
 

(b)    

the effect of so much of any contract made between the Secretary of

 

State and the authorised person as relates to the exercise of the

 

function,

 

    

Part 2 of the Deregulation and Contracting Out Act 1994 has effect as if the

 

authorisation were given by virtue of an order under section 69 of that Act;

 

and in subsection (3) “employee” has the same meaning as in that Part.

 

(5)    

In this section “social work training” means education or training that is

 

suitable for people who are or wish to become social workers in England.”

After Clause 41

16

Insert the following new Clause—

 

“Exercise by Special Health Authority of functions under section (Ensuring

 

adequate provision of social work training)

 

(1)    

The Secretary of State may direct a Special Health Authority to exercise

 

functions under section (Ensuring adequate provision of social workers)(1)(b)

 

so far as relating to the provision of financial or other assistance.

 

(2)    

The National Health Service Act 2006 has effect as if—

 

(a)    

any direction under subsection (1) were a direction under section 7

 

of that Act, and

 

(b)    

any functions exercisable by the Special Health Authority by virtue

 

of a direction under subsection (1) were exercisable under that

 

section.

 

 


 
 

7

 
 

(3)    

Directions under subsection (1)—

 

(a)    

must be given by an instrument in writing, and

 

(b)    

may be varied or revoked by subsequent directions.”

Clause 55

17

Page 31, line 10, leave out “after subsection (2ZE) insert” and insert “for subsection

 

(2ZE) substitute”

18

Page 31, line 17, at end insert—

 

“( )    

in subsection (2A)(c), for “that section” substitute “section

 

60”;”

19

Page 31, line 19, at end insert—

 

“( )    

In Schedule 3 (regulation of health care and associated

 

professions)—

 

(a)    

in paragraph 10, for the definitions of “social care work in

 

England”, “social care workers in England” and “the social

 

work profession in England” substitute—

 

““social care work in England” and “social care

 

workers in England” have the meaning given by

 

section 60.”;

 
 

(b)    

in paragraph 11(2A)(b), for “members of the social work

 

profession in England” substitute “engaging in social work

 

in England”.”

After Clause 55

20

Insert the following new Clause—

 

“Amendments to do with this Part

 

Schedule (Amendments to do with Part 2) contains further minor and

 

consequential amendments relating to this Part.”

Clause 56

21

Page 31, line 44, after “England” insert “(but see subsection (2));

 

(2)    

A person who is a member of a profession to which section 60(2) of

 

the Health Act 1999 applies is not to be treated as a social worker in

 

England by reason only of carrying out work as an approved

 

mental health professional.”

Clause 62

22

Page 33, line 12, at end insert—

 

“(A1)    

Section (Placing children in secure accommodation elsewhere in Great

 

Britain) and paragraphs 2, 4, 5 and 14 of Schedule (Placing children

 

in secure accommodation elsewhere in Great Britain) extend to England

 

and Wales and Scotland.”

23

Page 33, line 13, leave out subsection (1).

24

Page 33, line 14, at beginning insert “Except as mentioned in subsection (A1),”

 

 


 
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8 March 2017