House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

13

House of Commons

Thursday 3rd July 2008

Public Bill Committee Proceedings

Children and Young Persons Bill [Lords]

[Sixth and Seventh Sittings]

New Clauses

Welfare of looked after children

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

Not called  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.’.

Public Bill Committee Proceedings: 3rd July 2008
14

Children and Young Persons Bill–[ [], continued

Chief Social Worker

Tim Loughton

Mr Stephen O’Brien

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

Withdrawn  NC2

To move the following Clause:—

‘(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

Not called  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.’.

Public Bill Committee Proceedings: 3rd July 2008
15

Children and Young Persons Bill–[ [], continued

Sibling contact

Tim Loughton

Angela Watkinson

Annette Brooke

Mark Williams

Mr Edward Timpson

Mr Andrew Turner

Not called  NC4

To move the following Clause:—

‘After section 34 of the 1989 Act insert—

“34A
Sibling contact

(1)
Where it is not consistent with the child’s welfare to be accommodated

with a sibling, the local authority shall take all reasonable steps to ensure

the child can maintain contact with his or her sibling on a regular basis.

(2)
The local authority shall take all reasonable steps to ensure the child can

maintain contact with any other siblings.

(3)
Subsections (1) and (2) shall not apply if the child or the sibling objects

to it and the authority is satisfied that the child or sibling has sufficient

understanding to make an informed decision.”’.

Early intervention

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

Withdrawn  NC5

To move the following Clause:—

‘Before a child is committed into care, the local authority must, where

appropriate, offer a family group conference and any other reasonable

intervention which may alleviate the need for a child to be put into care.’.

Public Bill Committee Proceedings: 3rd July 2008
16

Children and Young Persons Bill–[ [], continued

Looked after status

Tim Loughton

Angela Watkinson

Annette Brooke

Mark Williams

Mr Edward Timpson

Mr Andrew Turner

Withdrawn  NC6

To move the following Clause:—

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

(2)
After section 85(4) insert “; and

(c)
in the exercise of their functions under paragraph (b) consider whether

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

after child.”’.

Assistance for looked after children in custody

Tim Loughton

Angela Watkinson

Annette Brooke

Mark Williams

Mr Edward Timpson

Mr Andrew Turner

Not called  NC7

To move the following Clause:—

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

(2)
After section 23ZB (which is inserted by section 17) insert—

“23ZC
  Assistance for looked after children in custody

(1)
This section applies to—

(a)
a child looked after by a local authority who is taken into

custody;

(b)
a child or young person being held in custody who was

previously being looked after by a local authority;

(c)
a child or young person who has been released from custody but

who was, prior to his or her detention, being looked after by a

local authority; and

(d)
a child or young person—

(i)
who is of a description prescribed by regulations made

by the appropriate national authority; and

(ii)
in relation to whom the regulations impose the duties in

this section on a local authority.

(2)
It is the duty of the local authority—

(a)
to ensure that a person to whom this section applies is visited by

a representative of the authority (“a representative”);

Public Bill Committee Proceedings: 3rd July 2008
17

Children and Young Persons Bill–[ [], continued

(b)
to arrange for appropriate advice, support and assistance to be

available to a person to whom this section applies.

(3)
The duty contained in subsection (2)(b) only applies to a young person

aged 18 years or over if that person seeks the relevant advice, support or

assistance.

(4)
The duties imposed by subsection (2)—

(a)
are to be discharged in accordance with any regulations made for

the purposes of this section by the appropriate national authority;

(b)
are subject to any requirement imposed by or under an enactment

applicable to the place in which the person to whom this section

applies is held in custody.

(5)
Regulations under this section for the purposes of subsection (4)(a) may

make provision about—

(a)
the frequency of visits;

(b)
circumstances in which a person to whom this section applies

must be visited by a representative; and

(c)
the functions of a representative.

(6)
In choosing a representative, the local authority must satisfy themselves

that the person chosen has the necessary skills and experience to perform

the functions of a representative under this section.

(7)
In this section—

“held in custody” means held in detention by the police, prison service or

other court authority and “taken into custody” and “released from

custody” shall be construed accordingly;

“the appropriate national authority” means—

(a)
in relation to England, the Secretary of State; and

(b)
in relation to Wales, the Welsh Ministers.”’.

Local authority references groups

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

Not selected  NC9

To move the following Clause:—

‘A local authority must have a plan specifying how they propose to consult care-

leavers as to the current care provision provided by that local authority.’.

Public Bill Committee Proceedings: 3rd July 2008
18

Children and Young Persons Bill–[ [], continued

Long-term placements

Tim Loughton

Angela Watkinson

Annette Brooke

Mark Williams

Mr Edward Timpson

Mr Andrew Turner

Not called  NC10

To move the following Clause:—

‘In section 324 (c.56) (statement of special educational needs), of the Education

Act 1996, 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 consider whether the child’s welfare is best safeguarded and

promoted by being a looked after child.

(7B)
The duty imposed by subsection (8) shall be performed in accordance

with regulations.”’.

Scope of inspections by the chief inspector

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

Withdrawn  NC11

To move the following Clause:—

‘In section 147 of the Education and Inspections Act 2006 (c. 40) (inspection of

premises in connection with adoption and fostering functions) after subsection (2)

insert—

“(2A)
The Chief Inspector must consider the promotion of the welfare and

safety of a child when carrying out the inspections mentioned in this

section.”’.

Adoption targets

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

Withdrawn  NC12

To move the following Clause:—

Public Bill Committee Proceedings: 3rd July 2008
19

Children and Young Persons Bill–[ [], continued

‘(1)
The Secretary of State shall not impose numerical targets for the number of

children in local authority care who are to be adopted.

(2)
The Secretary of State shall not offer local authorities financial incentives for

increasing the number of children in care who are adopted.’.

Responsibilities of parenthood

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

Withdrawn  NC13

To move the following Clause:—

‘(1)
In section 10 of the Children Act 1989 (c. 41) (power of court to make section 8

orders), after subsection (9)(b) insert—

“(ba)
in relation to residence orders, whether or not the person with whom it is

proposed that the child should live is likely to be able and willing to

accept the responsibilities of parenthood in relation to the child;”.

(2)
In section 8 of that Act (residence, contact and other orders with respect to

children), after subsection (4) insert—

“(4A)
In this Part “the responsibilities of parenthood” means, in so far as is

practicable and in the best interests of the child, the safeguarding and

promotion of the child’s health, development and welfare, and the

provision of direction and guidance to the child in a manner appropriate

to his age and development.”’.

Payment of fees

Tim Loughton

Angela Watkinson

Mr David Kidney

Annette Brooke

Mark Williams

Mr Edward Timpson

Withdrawn  NC14

To move the following Clause:—

‘(1)
Section 49 of the Children Act 2004 (c. 31) (payment to foster parents) is

amended as follows.

(2)
After subsection (4) insert—