House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Consideration of Bill: 8th October 2008
3104

Children and Young Persons Bill [Lords] continued

Chief social worker

Tim Loughton

Miss Julie Kirkbride

Mr Edward Timpson

Mr Andrew Turner

Angela Watkinson

NC21

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 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.’.

Guidance

Tim Loughton

Miss Julie Kirkbride

Mr Edward Timpson

Mr Andrew Turner

Angela Watkinson

NC22

To move the following Clause:—

‘The Secretary of State must within six months of the passing of this Act issue

guidance—

(a)
clarifying the specific legal entitlement for children in care and former

children in care; and

(b)
clarifying the duty of local authorities to provide that entitlement.’.

.

Consideration of Bill: 8th October 2008
3105

Children and Young Persons Bill [Lords] continued

Foster charters

Tim Loughton

Miss Julie Kirkbride

Mr Edward Timpson

Mr Andrew Turner

Angela Watkinson

NC23

To move the following Clause:—

‘Local authorities must publish a charter for foster carers—

(1)
to establish the authority’s responsibilities with regard to the foster carers

within its authority;

(2)
to have special regard to the needs of kinship carers.’.

Responsibility for children in care who enter custody

Tim Loughton

Miss Julie Kirkbride

Mr Edward Timpson

Mr Andrew Turner

Angela Watkinson

NC24

To move the following Clause:—

‘In section 20 of the 1989 Act after subsection (11), insert—

“(12)
Where a child was accommodated by the local authority under this

section immediately before being detained, the child shall continue to be

deemed a “looked after child” for the purposes of section 23(1)(b) and

section 24 of this Act save for the provision of accommodation.”

(13)
In this section “detained” means detained in a remand centre, a young

offenders institution or a secure training centre, or any other institution

pursuant to an order of a court.”

In section 22 of the 1989 Act after subsection (1)(b), insert—

“(c)
deemed to be looked after in accordance with section 20(12).”’.

Consideration of Bill: 8th October 2008
3106

Children and Young Persons Bill [Lords] continued

Abolition of corporal punishment of children

Mr Kevin Barron

Julie Morgan

John Bercow

Annette Brooke

Mr Elfyn Llwyd

Dr Richard Taylor

Total signatories: 34

Natascha Engel

Mr Martin Caton

John Barrett

Mrs Betty Williams

Jeremy Corbyn

Bill Etherington

NC25

To move the following Clause:—

‘(1)
The common law rules permitting the use of force for the purpose of punishing a

child are abolished.

(2)
Section 58 (reasonable punishment) of the Children Act 2004 (c. 31) is repealed.’.

Support for family and friends carers

Mr David Kidney

NC26

To move the following Clause:—

‘After section 17B of the 1989 Act insert—

“17C
Support for family and friends carers

(1)
This section applies to a person (“P”) who provides full-time care and

accommodation for a child (“C”) for more than 56 days but who is not—

(a)
a parent of the child, or

(b)
a local authority foster parent.

(2)
A local authority shall assess P’s need for financial and other support

under Part III of this Act to care for C in any of the following

circumstances—

(a)
where the child comes to live with P as a result of a plan made

following an enquiry under section 47 (local authority’s duty to

investigate) or a Family Group Conference;

(b)
where the child comes to live with P following an investigation

under section 37 (powers of court in certain family proceedings);

(c)
where P has secured a residence order or special guardianship

order in order to avoid the child being looked after, and there is

professional evidence of impairment of the parents’ ability to

care for the child;

(d)
where P has obtained a residence order or special guardianship

order arising out of care proceedings;

(e)
where P is providing accommodation for the child and then

secures a residence order or special guardianship order.

Consideration of Bill: 8th October 2008
3107

Children and Young Persons Bill [Lords] continued

(3)
The local authority shall provide such support as is required to meet the

needs identified by the assessment referred to in this section.”’.

Health assessments and care

Annette Brooke

Mark Williams

NC27

To move the following Clause:—

‘After section 90 of the 1989 Act insert—

“90A
Health assessments and care

(1)
Where a child is looked after by a local authority, the Primary Care Trust

(“the PCT”) in whose area the child lives must co-operate with the local

authority to provide an assessment of the emotional well-being and care

needs of the child.

(2)
The Secretary of State shall by regulations make provision about the

content of the assessment provided under subsection (1).

(3)
Such regulations may make provision about—

(a)
the levels of qualifications and experience required of the

persons responsible for undertaking an assessment; and

(b)
requirements for arrangements made jointly by the local

authority and the PCT for the care of the emotional health and

well-being of children to be included in care plans.”’.

Collection of statistics

Annette Brooke

Mark Williams

NC28

To move the following Clause:—

‘(1)
The Secretary of State shall collect and publish annually statistics on the

accommodation arrangements for young people who were in the care of a local

authority on 1st January of the year three years earlier than the year in which the

statistics are published and were over 16 years old.

(2)
The statistics published under subsection (1) shall indicate in respect of the young

persons the number who were with foster carers at the age of—

(a)
19, and

(b)
20.’.

Consideration of Bill: 8th October 2008
3108

Children and Young Persons Bill [Lords] continued

Annette Brooke

Mark Williams

5

Page  5,  line  20  [Clause  6],  at end insert—

‘( )
An order bringing section 4 into force shall not be made until an evaluation has

been made of the piloting arrangements under section 1 and of any other new

initiatives introduced by local authorities with the aim of improving their

discharge of the care functions described in section 1(2), and the outcome of that

evaluation reported to Parliament by the Secretary of State.’.

Secretary Ed Balls

4

Page  5,  line  38,  leave out Clause 7.

Tim Loughton

Miss Julie Kirkbride

Mr Edward Timpson

Mr Andrew Turner

Angela Watkinson

11

Page  6,  line  11  [Clause  8],  after ‘well-being’, insert ‘and ascertain the mental and

physical health’.

Annette Brooke

Mark Williams

6

Page  6,  line  17  [Clause  8],  at end insert ‘and to the provisions of the United Nations

Convention on the Rights of the Child.’.

Tim Loughton

Miss Julie Kirkbride

Mr Edward Timpson

Mr Andrew Turner

Angela Watkinson

12

Page  7,  line  28  [Clause  9],  after ‘subsection’, insert ‘or submit a written

explanation of why such a placement was not desirable or achievable’.

Tim Loughton

Miss Julie Kirkbride

Mr Edward Timpson

Mr Andrew Turner

Angela Watkinson

13

Page  7,  line  41  [Clause  9],  at end insert—

‘(e)
C does not have more than three placements within a 12 month period or

more than two placements within the last year of compulsory schooling.

Consideration of Bill: 8th October 2008
3109

Children and Young Persons Bill [Lords] continued

(8A)
If the requirement in subsection (8)(e) is not complied with, the local authority

must provide C with a written explanation.’.

Secretary Ed Balls

7

Page  8,  line  34  [Clause  9],  at end insert—

‘( )
Until the coming into force of subsection (1), Schedule 2 to the 1989 Act has

effect with the modifications specified in Schedule [Transitory modifications of

Schedule 2 to the 1989 Act].’.

Tim Loughton

Miss Julie Kirkbride

Mr Edward Timpson

Mr Andrew Turner

Angela Watkinson

14

Page  9,  line  14  [Clause  10],  at end insert—

‘(c)
a strategy with their Housing and Planning department for maximising

the availability of foster care placements.’.

Helen Southworth

Kevin Barron

David Kidney

18

Page  9,  line  28  [Clause  11],  at end insert—

‘(2A)
A local authority must offer the services of an independent reviewing officer to

any relevant child for whom it is the responsible local authority.’.

Secretary Ed Balls

8

Page  14,  line  25  [Clause  18],  leave out ‘(4)’ and insert ‘(4A)’.

Secretary Ed Balls

9

Page  14,  line  38  [Clause  18],  at end insert—

‘(4A)
After that subsection add—

“(5)
For the purposes of subsection (4)(b), if the child is not in the area of the

local authority, they must treat him as if he were in that area.”’.

Consideration of Bill: 8th October 2008
3110

Children and Young Persons Bill [Lords] continued

Tim Loughton

Miss Julie Kirkbride

Mr Edward Thompson

Mr Andrew Turner

Angela Watkinson

3

Page  16,  line  4  [Clause  20],  leave out subsection (1) and insert—

‘(1)
The governing body of a maintained school attended by children in care shall

promote the educational achievement of registered pupils at the school who—

(a)
are being looked after by a local authority; or

(b)
fall within subsection (6).

(1A)
The governing body must designate—

(a)
at least one member of the teaching staff at the school (“the designated

person”) as having responsibility for monitoring the educational

achievement of registered pupils; and

(b)
one member of the governing body, who is not a member of the teaching

staff at the school, as having responsibility for coordinating with the

designated person and reporting the educational achievement of

registered pupils to the governing body.’.

Annette Brooke

Mark Williams

2

Page  16,  line  4  [Clause  20],  at end insert ‘teaching’.

Annette Brooke

Mark Williams

1

Page  16,  line  11  [Clause  20],  at end insert—

‘(2A)
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).

(2B)
The governing body must ensure that the designated governor is provided with all

relevant information to assist him in the discharge of his functions.’.

Secretary Ed Balls

10

Page  25,  line  23  [Clause  32],  leave out ‘the death of a’ and insert ‘a deceased’.