House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

7

House of Commons

Tuesday 1st July 2008

Public Bill Committee Proceedings

Children and Young Persons Bill [Lords]

[Fourth and Fifth Sittings]

Mr David Kidney

Annette Brooke

Withdrawn  35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

Not called  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

Not called  33

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;

(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;

Public Bill Committee Proceedings: 1st July 2008
8

Children and Young Persons Bill [Lords], continued

(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

Not called  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.’.

Clause Agreed to.

Clauses 12 and 13 Agreed to.

Kevin Brennan

Agreed to  24

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

Clause, as amended, Agreed to.

Clause 15 Agreed to.

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

Withdrawn  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

authority’.

Public Bill Committee Proceedings: 1st July 2008
9

Children and Young Persons Bill [Lords], continued

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

Not called  14

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

Clause Agreed to.

Clause 17 Agreed to.

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

Withdrawn  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.’.

Clause Agreed to.

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

Not called  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.’.

Clause Agreed to.

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

Negatived on division  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,

Public Bill Committee Proceedings: 1st July 2008
10

Children and Young Persons Bill [Lords], continued

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

Annettte Brooke

Mark Williams

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

Not called  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

Not called  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

Not called  29

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

Annettte Brooke

Mark Williams

Not called  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.’.

Clause Agreed to.

Annettte Brooke

Mark Williams

Withdrawn  31

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

training, including apprenticeships’.

Annettte Brooke

Mark Williams

Not called  32

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

training, including apprenticeships’.

Public Bill Committee Proceedings: 1st July 2008
11

Children and Young Persons Bill [Lords], continued

Clause Agreed to.

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

Not selected  19

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

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

Clause Agreed to.

Clause 23 Agreed to.

Annettte Brooke

Mark Williams

Not selected  27

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

Regulations’.

Clause Agreed to.

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

Withdrawn  20

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

Clause Agreed to.

Clauses 26 to 34 Agreed to.

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

Not selected  22

Page  26,  line  32,  leave out Clause 35.

Public Bill Committee Proceedings: 1st July 2008
12

Children and Young Persons Bill [Lords], continued

Clause Agreed to.

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

Not moved  23

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

Clause Agreed to.

Clauses 37 to 39 Agreed to.

Schedule 2 Agreed to.

Clauses 40 to 42 Agreed to.

Schedule 3 Agreed to.

Kevin Brennan

Agreed to  25

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

Clause, as amended, Agreed to.

[Adjourned till Thursday at 9.00 a.m.