Public Bill Committee: 26th June 2008

94

Children and Young Persons Bill [Lords], continued

“(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

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—

Public Bill Committee: 26th June 2008

95

Children and Young Persons Bill [Lords], continued

“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

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.”’.

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

Public Bill Committee: 26th June 2008

96

Children and Young Persons Bill [Lords], continued

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.

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

Public Bill Committee: 26th June 2008

97

Children and Young Persons Bill [Lords], continued

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.

(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.”’.

---

Revised 26 June 2008