Vote Bundle Text (900629-06)

Amendments proposed to the Care Standards Bill [Lords] - continued	House of Commons

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Restrictions

Mr David Hanson

NC38

To move the following Clause:—

'.—(1) This Part does not authorise the Commissioner to enquire into or report on any matter so far as it is the subject of legal proceedings before, or has been determined by, a court or tribunal.

(2) This Part does not authorise the Commissioner to exercise any function which by virtue of an enactment is also exercisable by a prescribed person'.

Interpretation

Mr David Hanson

NC39

To move the following Clause:—

'.—(1) This Part applies to a child to or in respect of whom regulated children's services in Wales are provided.

(2) In this Part, "regulated children's services in Wales" means any of the following services for the time being provided in respect of children—

(a) services of a description provided by or in Part II undertakings, so far as provided in Wales;

(b) services provided by local authorities in Wales in the exercise of relevant adoption functions or relevant fostering functions;

(d) accommodation provided by schools or by an institution within the further education sector (as defined in section 91 of the Further and Higher Education Act 1992), so far as provided in Wales.

(3) For the purposes of this Part—

(a) in the case of the services mentioned in subsection (2)(a), the person who carries on the Part II undertaking is to be treated as the provider of the services;

(b) in the case of the services mentioned in subsection (2)(d), the relevant person (as defined in section 87 of the Children Act 1989) is to be treated as the provider of the services.

(4) For the purposes of this section, an establishment or agency, and an undertaking of any other description, is a Part II undertaking if the provider of the services in question is for the time being required to be registered under that Part.

(5) Where the activities of an undertaking are carried on from two or more branches, each of those branches shall be treated as a separate undertaking for the purposes of this Part.

(6) Regulations may provide—

(a) for this Part to be treated as having applied to a child at any time before the commencement of this Part if regulated children's services in Wales were at that time provided to or in respect of him;

(b) for references in this Part to children to whom this Part applies to include references to persons who, at any prescribed time, were such children.

(7) In this Part—

"information" includes information recorded in any form;

"regulations" means regulations made by the Assembly.

(8) In this section, "relevant adoption functions" and "relevant fostering functions" have the same meanings as in Part III'.

Charges for local authority welfare services

Mr John Hutton

NC40

To move the following Clause:—

'. In Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to social services committee), there shall be inserted at the appropriate place—

"Health and Social Services and Social Security Adjudications Act 1983 (c. 41)
Section 17, so far as relating to services provided under the enactments mentioned in subsection (2)(a) to (c)".'.

Charges for local authority welfare services

Independent advocacy services

Mr Paul Burstow
Dr Peter Brand
Mr Jonathan R. Shaw
Mr Hilton Dawson

NC1

To move the following Clause:—

'. Local authorities shall secure that independent advocacy services are available for all children in their area who are placed under the provisions of Part II of this Act.'.

Complaints in respect of independent hospitals

Mr Paul Burstow
Dr Peter Brand

NC2

To move the following Clause:—

'.—(1) The Commission shall institute procedures by which dissatisfaction with the dealing of complaints by independent hospitals may be expressed.

(2) In the event that the Commission is satisfied that a complaint is upheld it shall be entitled to take account of such complaint in exercising any of its duties under this Act.

(3) In the event that the Commission is satisfied that a complaint has not been properly dealt with by an agency or establishment it shall refer the matter to the Health Ombudsman.'.

Appointment and staff of commissioner

Mr Paul Burstow
Dr Peter Brand

NC3

To move the following Clause:—

'.—(1) There shall be a Children's Rights Commissioner, who shall be appointed by Her Majesty on the recommendation of the Secretary of State.

(2) Before making such a recommendation the Secretary of State shall consult such persons as appear to him to be appropriate.

(3) The Commissioner—

(a) shall be appointed for a period of five years;

(b) shall hold office during that period unless—

(i) relieved at his own request; or

(ii) removed by Her Majesty in consequence of addresses from both Houses of Parliament;

(4) The Commissioner may appoint such staff as he thinks fit to assist with the discharge of his functions; and any function of the Commissioner may be performed by any member of his staff authorised for that purpose by the Commissioner.

(5) The Commissioner and the Commissioner's staff shall not be regarded as agents or servants of the Crown.'.

Duties and guiding principles

Mr Paul Burstow
Dr Peter Brand

NC4

To move the following Clause:—

'.—(1) The Commissioner shall be under a duty—

(a) to promote the rights and interests of children;

(b) to seek to ensure that the rights and interests of children are properly taken into account by Ministers of the Crown, government departments, local authorities, other public bodies and voluntary and private organisations when decisions on policies affecting children are taken;

(c) to promote compliance with the United Nations Convention on the Rights of the Child as ratified by Her Majesty's Government and subject to such reservations as Her Majesty's Government made on ratification, unless subsequently withdrawn; and

(d) to seek to ensure that children have effective means of redress if their rights are disregarded by any body referred to in paragraph (b).

(2) In exercising these functions the Commissioner shall have regard to—

(a) the principles laid down in the United Nations Convention on the Rights of the Child, and in such other international treaties, conventions or agreements which have been ratified or otherwise acceded to by Her Majesty's Government and which affect children;

(b) the need to maintain direct contact with children and children's organisations, to pay particular regard to the views of children and to promote respect for the views of children throughout society;

(c) the need to ensure co-ordination between different bodies (including government departments) which provide services for children; and

(d) the need to consult from time to time other persons seeking to promote the rights and interests of children.'.

Annual reports

Mr Paul Burstow
Dr Peter Brand

NC5

To move the following Clause:—

'.—(1) As soon as practicable after the end of each calendar year the Commissioner shall submit an annual report on his activities during the year to the Secretary of State.

(2) The annual report shall include a general description of the circumstances of children in England and a survey of developments which have affected them during the period of the report.

(3) The Secretary of State shall lay a copy of each annual report before both Houses of Parliament and shall cause the report to be published.'.

Recommendations and compliance notices

Mr Paul Burstow
Dr Peter Brand

NC6

To move the following Clause:—

'.—(1) The Commissioner may make other reports at his discretion, and may publish them as he thinks fit; and such reports may contain such recommendations for action by others (including Ministers of the Crown) as in the opinion of the Commissioner are necessary or expedient.

(2) In making recommendations under subsection (1) the Commissioner shall give reasons in the report and shall send a copy of the report to any person at whom a recommendation is directed.

(3) If it appears to the Commissioner that a person is not complying with the provisions of the United Nations Convention on the Rights of the Child as ratified by Her Majesty's Government he may make recommendations in the form of a compliance notice, which shall state his opinion as to the way in which provisions in the Convention are not being complied with and what action should be taken to comply.'.

Following up recommendations

Mr Paul Burstow
Dr Peter Brand

NC7

To move the following Clause:—

'.—(1) A person at whom a recommendation is directed by a Commissioner shall—

(a) consider the recommendation; and

(b) notify the Commissioner within three months of receiving it (or a longer period if the Commissioner agrees) of the action which has been taken or it is intended to take in response to the recommendation.

(2) Where a person at whom a recommendation is directed intends not to comply with it he shall furnish the Commissioner with reasons for not doing so; and the Commissioner may publish the reasons.

(3) The Commissioner may require a person at whom a recommendation is directed to furnish him with such information as may be reasonably required to verify whether the recommendation has been complied with.

(4) Any person who fails to comply (whether wholly or partly) with a compliance notice may be required to publish that failure in such manner as the Commissioner may specify.

(5) If the Commissioner has reasonable cause for believing that a person will not comply with subsection (4) he may—

(a) publish the failure to comply with the notice; and

(b) recover from that person any reasonable expenses incurred.

(6) The Commissioner shall—

(a) establish and maintain a register of compliance notices; and

(b) ensure that the register may be inspected at all reasonable hours by any person.'.