House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Public Bill Committee Proceedings: 3rd July 2008
27

Children and Young Persons Bill–[ [], continued

‘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

Not called  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.”’.

Sibling contact (No. 2)

Mr David Kidney

Annette Brooke

Not called  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;”’.

Public Bill Committee Proceedings: 3rd July 2008
28

Children and Young Persons Bill–[ [], continued

Duty to assess provision of independent advocacy services

Mr David Kidney

Annette Brooke

Withdrawn  NC31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independent advocacy assessment is superseded by a further advocacy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.’.

Access to advocacy services

Helen Southworth

Not called  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.”’.

Public Bill Committee Proceedings: 3rd July 2008
29

Children and Young Persons Bill–[ [], continued

Looked after status for children in health settings etc.

Lynda Waltho

Kerry McCarthy

Not called  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

Not called  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

Not selected  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).

Public Bill Committee Proceedings: 3rd July 2008
30

Children and Young Persons Bill–[ [], continued

(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

Withdrawn  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.”’.

Duty to collect and provide information for inspections

Helen Southworth

Not called  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.”’.

Public Bill Committee Proceedings: 3rd July 2008
31

Children and Young Persons Bill–[ [], continued

Consultation prior to preparation of inspection reports

Helen Southworth

Not called  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

Not called  NC39

To move the following Clause:—

‘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

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

Not called  NC40

To move the following Clause:—

Public Bill Committee Proceedings: 3rd July 2008
32

Children and Young Persons Bill–[ [], continued

‘(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.”’.

Bill, as amended, to be reported.