House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

101

House of Commons

Tuesday 1st July 2008

Public Bill Committee

New Amendments handed in are marked thus

Other Amendments not tabled within the required notice period are marked thus

Children and Young Persons Bill [Lords]

Note

The Amendments have been arranged in accordance with the Order of the

Committee [24th June 2008].

Mr David Kidney

Annette Brooke

35

Clause  11,  page  10,  line  13,  leave out from beginning to ‘it’ in line 14 and insert

‘Whether or not the independent reviewing officer is an officer of the local authority,’.

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

12

Clause  11,  page  10,  line  18,  at end insert—

‘(5)
A local authority must ensure that the independent reviewing officer appointed

under this section is sufficiently independent.

(6)
In this section ‘sufficiently independent’ means—

(a)
having minimal connection to the local authority in question;

(b)
having not worked for the local authority in question in the last 10 years;

(c)
being previously unconnected to the particular child in question; and

(d)
having no conflict of interest.’.

Annettte Brooke

Mark Williams

33

Clause  11,  page  10,  line  18,  at end insert—

Public Bill Committee: 1st July 2008
102

Children and Young Persons Bill [Lords], continued

‘(5)
In carrying out his functions in relation to subsection (1)(c) above the

independent reviewing officer must—

(a)
give information to the child about independent advocacy;

(b)
where the need for independent advocacy is identified, require the local

authority to make arrangements for the provision of independent

advocacy for the child.

(6)
For the purposes of this section—

(a)
“advocacy” means the provision of independent and confidential

information, advice, representation and support to a child;

(b)
“independent” means that the person appointed is not connected with the

local authority by virtue of being—

(i)
a member of the local authority or any of their committees or

sub-committees, whether elected or co-opted; or

(ii)
an officer of the local authority employed by the Children’s

Services Department of that authority; or

(iii)
a spouse or civil partner of any such person.’.

Mr David Kidney

Annette Brooke

36

Clause  11,  page  10,  line  18,  at end insert—

‘(5)
In carrying out his functions in relation to subsection (1)(c) above the

independent reviewing officer must—

(a)
give information to the child about independent advocacy; and

(b)
where the need for independent advocacy is identified, require the local

authority to make arrangements for the provision of independent

advocacy for the child.

(6)
For the purposes of this section—

(a)
“advocacy” means the provisions of independent and confidential

information, advice, representations and support to a child;

(b)
“independent” means that the local authority has arrangements in place

to ensure that the child is protected from any conflict of interest on the

part of the advocate appointed.’.

Kevin Brennan

24

Clause  14,  page  12,  line  8,  leave out ‘this section’ and insert ‘section 12 or 13’.

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

13

Clause  16,  page  13,  line  6,  leave out ‘representative of the authority’ and insert ‘a

registered social worker or equivalent appropriate professional representing the

Public Bill Committee: 1st July 2008
103

Children and Young Persons Bill [Lords], continued

authority’.

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

14

Clause  16,  page  13,  leave out lines 23 to 25.

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

15

Clause  18,  page  14,  line  27,  at end insert—

‘(2A)
In each of subsections (1) and (2), after ‘responsible authority’ insert ‘within one

working day.’.

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

16

Clause  19,  page  15,  line  24,  leave out ‘representative of the authority’ and insert ‘a

registered social worker or equivalent appropriate professional representing the

authority.’.

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

17

Clause  20,  page  16,  line  4,  leave out from ‘designate’ to ‘as’ in line 5 and insert—

‘(i)
at least one member of the teaching staff at the school (“the

designated person”); and, additionally and separately,

(ii)
at least one member of the governing body who is not a teacher’.

Public Bill Committee: 1st July 2008
104

Children and Young Persons Bill [Lords], continued

Annettte Brooke

Mark Williams

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

28

Clause  20,  page  16,  line  5,  after ‘school’, insert ‘who is a qualified teacher’.

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

18

Clause  20,  page  16,  line  6,  after ‘achievement’, insert ‘, and for reporting the

educational progress to the foster carer or other appropriate carer,’.

Annettte Brooke

Mark Williams

29

Clause  20,  page  16,  line  6,  after ‘achievement’, insert ‘and well-being’.

Annettte Brooke

Mark Williams

30

Clause  20,  page  16,  line  11,  at end insert—

‘( )
The governing body must designate a member of the governing body (“the

designated governor”) as having responsibility for oversight of the provision

made under subsection (1).

( )
The governing body must ensure that the designated governor is provided with all

relevant information to assist him in the discharge of his functions.’.

Annettte Brooke

Mark Williams

31

Clause  21,  page  17,  line  3,  after ‘higher education’, insert ‘or further education and

training, including apprenticeships’.

Annettte Brooke

Mark Williams

32

Clause  21,  page  17,  line  8,  after ‘higher education’, insert ‘or further education and

training, including apprenticeships’.

Public Bill Committee: 1st July 2008
105

Children and Young Persons Bill [Lords], continued

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

19

Clause  22,  page  17,  line  35,  at end insert ‘, and

(d)
he is a child who has been granted asylum.’.

Annettte Brooke

Mark Williams

27

Clause  24,  page  19,  line  30,  after ‘circumstances’, insert ‘and as described in

Regulations’.

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

20

Clause  25,  page  19,  line  38,  at end insert ‘appropriate’.

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

22

Page  26,  line  32,  leave out Clause 35.

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

23

Clause  36,  page  27,  line  9,  at end insert ‘except in exceptional circumstances.’.

Public Bill Committee: 1st July 2008
106

Children and Young Persons Bill [Lords], continued

Kevin Brennan

25

Clause  45,  page  30,  line  5,  leave out subsection (2).

New Clauses

Welfare of looked after children

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

NC1

To move the following Clause:—

‘When considering or maintaining placement for a child a local authority or other

responsible body shall have regard in particular to—

(a)
ascertaining the wishes and feelings of the child;

(b)
the desirability of retaining the child in the family home wherever it is the

child’s best interests and that an appropriate package of care and family

support has been made available to that end;

(c)
the likely effect on him of any change in his circumstances and

environment, and the benefits of his remaining close to home wherever

possible;

(d)
any harm which he has suffered or is at risk of suffering;

(e)
ensuring all options for kinship care have been explored and an

assessment of their parenting capacity undertaken;

(f)
maintaining contact with siblings and other family members wherever

practicable and in the child’s best interest;

(g)
maintaining continuity of appropriate education, accommodation and

standards of healthcare;

(h)
the appropriate level of access to the responsible social worker being

maintained;

(i)
where the required changes have been specified and not achieved.’.

Chief Social Worker

Tim Loughton

Mr Stephen O’Brien

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

NC2

To move the following Clause:—

Public Bill Committee: 1st July 2008
107

Children and Young Persons Bill [Lords], continued

‘(1)
The Secretary of State must appoint a Chief Social Worker to fulfil the functions

mentioned in this section.

(2)
The Chief Social Worker shall be responsible to the Secretary of State.

(3)
In fulfilling his functions the Chief Social Worker shall, to the extent he considers

it appropriate, consult and take advice from—

(a)
relevant government employees and agencies;

(b)
representative bodies of social workers;

(c)
local authorities and other providers of social work services; and

(d)
such other persons as he considers appropriate.

(4)
The Chief Social Worker shall make recommendations to the Secretary of State

on issues concerning—

(a)
the provision of social work services across the country;

(b)
the terms and conditions of social workers;

(c)
such other matters as the Secretary of State may direct.

(5)
The Chief Social Worker shall publicise and promote examples of good practice

in social work and be answerable for other aspects of social work practice.’.

Reviews for social worker turnover

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

NC3

To move the following Clause:—

‘A local authority must conduct a review of a child’s experience of care if, during

a child’s time in care, he or she has been looked after by three or more different

social workers during the course of one single year.’.

Sibling contact

Tim Loughton

Angela Watkinson

Annette Brooke

Mark Williams

Mr Edward Timpson

Mr Andrew Turner

NC4

To move the following Clause:—

‘After section 34 of the 1989 Act insert—