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Public Bill Committee: 24th June 2008                  

67

 

Children and Young Persons Bill [Lords], continued

 
 

Limitation period

 

Mr David Kidney

 

Annette Brooke

 

NC28

 

To move the following Clause:—

 

‘In seeking to bring a claim for damages in relation to any injury sustained during

 

any period in which C was a looked after child, the limitation period for bringing

 

such a claim shall be—

 

(a)    

three years from the date of becoming 18 years of age;

 

(b)    

three years starting from the date he discovers, or ought reasonably to

 

discover, that he has a legal claim; or

 

(c)    

10 years from the date of the act or omission which gives rise to the claim,

 

whichever is the latest.’.

 


 

Family group conference

 

Mr David Kidney

 

Annette Brooke

 

NC29

 

To move the following Clause:—

 

‘(1)    

The 1989 Act is amended as follows.

 

(2)    

In section 22 at end insert—

 

“(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.”’.

 



 
 

Public Bill Committee: 24th June 2008                  

68

 

Children and Young Persons Bill [Lords], continued

 
 

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—

 

(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.’.

 



 
 

Public Bill Committee: 24th June 2008                  

69

 

Children and Young Persons Bill [Lords], continued

 
 

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 disabled children in health settings

 

Lynda Waltho

 

NC33

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Children Act 1989 is amended as follows.

 

(2)    

After section 85(4)(b) insert “; and

 

(c)    

in the exercise of its functions under sub-paragraph (b) the authority shall

 

conduct a children in need assessment under section 17 of this Act with

 

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

 

NC34

 

Parliamentary Star    

To move the following Clause:—

 

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

 

“(7A)    

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

 

Children Act 1989, which shall include a determination of whether the

 

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

 

child.

 

(7B)    

The assessment specified in subsection (7A) above shall be carried out as

 

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

 

statement is issued.”’.

 



 
 

Public Bill Committee: 24th June 2008                  

70

 

Children and Young Persons Bill [Lords], continued

 
 

Care of relevant persons

 

Annette Brooke

 

Mark Williams

 

NC35

 

Parliamentary Star    

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.”’.

 

 

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.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

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

 


 
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