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Children and Young Persons Bill [Lords], continued

“(9)	Before making any decision with respect to a child whom they are

proposing to look after the local authority shall, unless it is not reasonably

practicable or consistent with the child’s welfare, offer the child’s parents

or those with parental responsibility a family group conference to discuss

the making of a plan for their child.”’.

Sibling contact (No. 2)

Mr David Kidney

Annette Brooke

NC30

To move the following Clause:—

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

(2)	In section 34(1) after paragraph (a) insert—

“(aa)

any sibling of his;”.

(3)	In Schedule 2, paragraph 15(1) after paragraph (a) insert—

“(aa)

any sibling of his;”’.

Duty to assess provision of independent advocacy services

Mr David Kidney

Annette Brooke

NC31

To move the following Clause:—

‘(1)	A local authority must prepare assessments of the sufficiency of the provision of

independent advocacy services (whether or not by them) for looked after children

for whom they are responsible (“advocacy assessments”).

(2)	The first advocacy assessment must be prepared before the end of the period of

one year beginning at the commencement of this section.

(3)	Subsequent advocacy assessments must be prepared at intervals not exceeding

three years.

(4)	The local authority must keep an advocacy assessment under review until the

independent advocacy assessment is superseded by a further advocacy

assessment.

(5)	Regulations may make provision requiring an advocacy assessment—

(a)	to deal with prescribed matters or be prepared according to prescribed

criteria;

(b)	to be in the prescribed form;

(c)	to be published in the prescribed manner and in a manner that can be

understood by children.

(6)	In preparing an advocacy assessment and keeping it under review, a local

authority must—

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Children and Young Persons Bill [Lords], continued

(a)	consult such persons, or persons of such a description, as may be

prescribed including looked after children and those who provide

independent advocacy services;

(b)	have regard to any guidance given from time to time by the Secretary of

State.’.

Access to advocacy services

Helen Southworth

NC32

To move the following Clause:—

‘In section 26A of the 1989 Act (Advocacy services), after subsection (5) insert—

“(5A)

Every local authority shall make a report on access to advocacy services

in their local area annually to the Secretary of State.”’.

Looked after status for children in health settings etc.

Lynda Waltho

Kerry McCarthy

NC33

To move the following Clause:—

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

(2)	After section 85(4)(b) insert “; and

(c)	in the exercise of their functions under sub-paragraph (b) the authority

shall conduct a children in need assessment under section 17 for the

purpose of determining whether the child’s welfare is best safeguarded

and promoted by being a looked-after child.”’.

Looked after status for disabled children in education settings

Lynda Waltho

Kerry McCarthy

NC34

To move the following Clause:—

‘In the Education Act 1996, section 324, at end insert—

“(8)	Where a statement specifies a school or type of school that would result

in a child not ordinarily being resident with their parent, the authority

shall carry out a children in need assessment under section 17 of the

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Children and Young Persons Bill [Lords], continued

Children Act 1989, for the purposes of determining whether the child’s

welfare is best safeguarded and promoted by being a looked after child.

(9)	The assessment specified in subsection (8) above shall be carried out as

soon as reasonably practicable and no more than 14 days after the date

the statement is issued.”’.

Care of relevant persons

Annette Brooke

Mark Williams

NC35

To move the following Clause:—

‘After section 22G of the 1989 Act (which is inserted by section 10) insert—

“22H	General duty of local authority in respect of relevant children

(1)	It is the duty of a local authority to provide accomodation for persons

who are “relevant children” within the meaning of section 23A(1).

(2)	Section 22G shall apply in relation to the persons mentioned in

subsection (1) as it applies in relation to the children mentioned in

subsection (3) of that section.”’.

Care of young persons up to age 21

Helen Southworth

Mr David Kidney

Lynda Waltho

NC36

To move the following Clause:—

‘After section 22G of the 1989 Act (which is inserted by section 10) insert—

“22H	General duty of local authority in respect of former relevant children

(1)	It is the duty of a local authority to provide accommodation for persons

who are—

(a)	“former relevant children” within the meaning of section 23C(1)

and who have not attained the aged of 22, and

(b)	“relevant children” within the meaning of section 23A(2).

(2)	Section 22G shall apply in relation to the persons mentioned in

subsection (1) as it applies in relation to the children mentioned in

subsection (3) of that section.”’.

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Children and Young Persons Bill [Lords], continued

Duty to collect and provide information for inspections

Helen Southworth

NC37

To move the following Clause:—

‘In section 22(7) of the 2000 Act (regulation of establishments and agencies) after

paragraph (1) insert—

“(m)	make provision requiring the person who carries on, or manages,

a children’s home to collect statistics on—

(i)	instances of children going missing from the home;

(ii)	instances of anti-social or violent behaviour by children

accommodated at the home of a serious nature; and

(iii)

acts of criminal damage perpetrated by such children,

and to provide such information, upon request, to any person

authorised by the registration authority to inspect the

premises.”’.

Consultation prior to preparation of inspection reports

Helen Southworth

NC38

To move the following Clause:—

‘In section 32 of the 2000 Act (inspections: supplementary) after subsection (5)

insert—

“(5A)

Before preparing a report in relation to the inspection of a children’s

home under subsection (5)(a) the registration authority must—

(a)	inform the local authorities which have placed children in the

children’s home and, if different, the authorities in which

children have been placed; and

(b)	seek views on the performance of that home from—

(i)	the Local Safeguarding Children Board established

under the Children Act 2004 (c. 31) by the children’s

services authority (within the meaning of that Act) in

whose area the home is situated, and

(ii)	the person designated under section 20 of the Children

and Young Persons Act 2008 at any school attended by

children in the home inspected.”’.

Provision of inspection reports

Helen Southworth

NC39

To move the following Clause:—

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Children and Young Persons Bill [Lords], continued

‘In section 32 of the 2000 Act (inspections: supplementary) after subsection (6)

insert—

“(6A)

The registration authority shall provide copies of any report prepared in

relation to a children’s home under subsection (5) to every children’s

services authority within the meaning of the Children Act 2004 which has

placed a child in the home and to each Local Safeguarding Children

Board established by each of those authorities.”’.

Complaints against foster carers

Tim Loughton

Angela Watkinson

NC40

To move the following Clause:—

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

(2)	After section 26(8) insert—

“(9)	In carrying out any consideration of any representations (including

complaints) every local authority shall—

(a)	take such steps as are reasonably practicable to protect the

identity of foster carers who are the subject of a complaint; and

(b)	continue to pay allowances to such foster carers until it has

reached a decision on the complaint.”’.

Order of the House [16th June 2008]

That the following provisions shall apply to the Children and Young Persons Bill

[Lords]:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 3rd July 2008.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

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Children and Young Persons Bill [Lords], continued

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of any message from the Lords) may be programmed.

Order of the Committee [24th June 2008]

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

24th June) meet,

(a)	at 4.00 p.m. on Tuesday 24th June;

(b)	at 9.00 a.m. on Thursday 26th June;

(c)	at 10.30 a.m. and 4.00 p.m. on Tuesday 1st July; and

(d)	at 9.00 a.m. and 1.00 p.m. on Thursday 3rd July;

(2)	the proceedings shall be taken in the following order: Clauses 1 to 9;

Schedule 1; Clauses 10 to 39; Schedule 2; Clauses 40 to 42; Schedule 3;

Clauses 43 to 45; new Clauses; new Schedules; remaining proceedings on the

Bill;

(3)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 p.m. on Thursday 3rd July.

NOTICES WITHDRAWN

The following Notices have been withdrawn:

Tim Loughton

Angela Watkinson

21

Clause  27,  page  22,  line  24,  at end insert—

‘(4D)

When deciding the appropriate placement for a child in a children’s home the

local authority must have regard to the proximity of other similar premises.’.

Statements: looked after children

Tim Loughton

Angela Watkinson

Annette Brooke

Mark Williams

NC8

To move the following Clause:—

‘In section 324 of the Education Act 1996 (c.56) (statement of special educational

needs), after subsection (7) insert—

“(7A)

Where a statement specifies a school or type of school that would result

in a child not being ordinarily resident with their parent, the child is to be

a looked after child for the purposes of the Children Act 1989 (c. 41) from

the date the statement is implemented, unless the authority decides that it

is not in the child’s best interests to be a looked after child.

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Children and Young Persons Bill [Lords], continued

(7B)	In determining the child’s best interests for the purposes of subsection

(8A) the authority must have specific regard to the likelihood of the

child’s parent maintaining regular and ongoing contact with the child

during the placement.”’.

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Revised 1 July 2008