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| | | (d) | such other persons as considers appropriate. |
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| | | (4) | The Chief Social Worker shall make recommendations to the Secretary of State |
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| | | (a) | the provision of social work services across the country; |
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| | | (b) | the terms and conditions of social workers; |
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| | | (c) | such other matters as the Secretary of State may direct. |
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| | | (5) | The Chief Social Worker shall publicise and promote examples of good practice |
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| | | in social work and be answerable for other aspects of social work practice.’. |
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| | To move the following Clause:— |
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| | | ‘The Secretary of State must within six months of the passing of this Act issue |
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| | | (a) | clarifying the specific legal entitlement for children in care and former |
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| | | (b) | clarifying the duty of local authorities to provide that entitlement.’. |
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| | To move the following Clause:— |
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| | | ‘Local authorities must publish a charter for foster carers— |
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| | | (1) | to establish the authority’s responsibilities with regard to the foster carers |
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| | | (2) | to have special regard to the needs of kinship carers.’. |
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| | | Responsibility for children in care who enter custody |
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| | | Negatived on division NC24 |
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| | To move the following Clause:— |
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| | | ‘In section 20 of the 1989 Act after subsection (11), insert— |
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| | | “(12) | Where a child was accommodated by the local authority under this |
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| | | section immediately before being detained, the child shall continue to be |
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| | | deemed a “looked after child” for the purposes of section 23(1)(b) and |
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| | | section 24 of this Act save for the provision of accommodation.” |
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| | | (13) | In this section “detained” means detained in a remand centre, a young |
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| | | offenders institution or a secure training centre, or any other institution |
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| | | pursuant to an order of a court.” |
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| | | In section 22 of the 1989 Act after subsection (1)(b), insert— |
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| | | “(c) | deemed to be looked after in accordance with section 20(12).”’. |
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| | | Abolition of corporal punishment of children |
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| | To move the following Clause:— |
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| | | ‘(1) | The common law rules permitting the use of force for the purpose of punishing a |
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| | | (2) | Section 58 (reasonable punishment) of the Children Act 2004 (c. 31) is repealed.’. |
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| | | Support for family and friends carers |
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| | To move the following Clause:— |
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| | | ‘After section 17B of the 1989 Act insert— |
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| | | “17C | Support for family and friends carers |
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| | | (1) | This section applies to a person (“P”) who provides full-time care and |
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| | | accommodation for a child (“C”) for more than 56 days but who is not— |
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| | | (a) | a parent of the child, or |
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| | | (b) | a local authority foster parent. |
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| | | (2) | A local authority shall assess P’s need for financial and other support |
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| | | under Part III of this Act to care for C in any of the following |
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| | | (a) | where the child comes to live with P as a result of a plan made |
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| | | following an enquiry under section 47 (local authority’s duty to |
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| | | investigate) or a Family Group Conference; |
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| | | (b) | where the child comes to live with P following an investigation |
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| | | under section 37 (powers of court in certain family proceedings); |
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| | | (c) | where P has secured a residence order or special guardianship |
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| | | order in order to avoid the child being looked after, and there is |
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| | | professional evidence of impairment of the parents’ ability to |
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| | | (d) | where P has obtained a residence order or special guardianship |
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| | | order arising out of care proceedings; |
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| | | (e) | where P is providing accommodation for the child and then |
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| | | secures a residence order or special guardianship order. |
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| | | (3) | The local authority shall provide such support as is required to meet the |
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| | | needs identified by the assessment referred to in this section.”’. |
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| | | Health assessments and care |
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| | To move the following Clause:— |
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| | | ‘After section 90 of the 1989 Act insert— |
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| | | “90A | Health assessments and care |
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| | | (1) | Where a child is looked after by a local authority, the Primary Care Trust |
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| | | (“the PCT”) in whose area the child lives must co-operate with the local |
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| | | authority to provide an assessment of the emotional well-being and care |
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| | | (2) | The Secretary of State shall by regulations make provision about the |
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| | | content of the assessment provided under subsection (1). |
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| | | (3) | Such regulations may make provision about— |
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| | | (a) | the levels of qualifications and experience required of the |
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| | | persons responsible for undertaking an assessment; and |
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| | | (b) | requirements for arrangements made jointly by the local |
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| | | authority and the PCT for the care of the emotional health and |
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| | | well-being of children to be included in care plans.”’. |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State shall collect and publish annually statistics on the |
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| | | accommodation arrangements for young people who were in the care of a local |
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| | | authority on 1st January of the year three years earlier than the year in which the |
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| | | statistics are published and were over 16 years old. |
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| | | (2) | The statistics published under subsection (1) shall indicate in respect of the young |
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| | | persons the number who were with foster carers at the age of— |
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| | Page 5, line 20 [Clause 6], at end insert— |
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| | | ‘( ) | An order bringing section 4 into force shall not be made until an evaluation has |
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| | | been made of the piloting arrangements under section 1 and of any other new |
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| | | initiatives introduced by local authorities with the aim of improving their |
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| | | discharge of the care functions described in section 1(2), and the outcome of that |
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| | | evaluation reported to Parliament by the Secretary of State.’. |
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| | Page 5, line 38, leave out Clause 7. |
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| | Page 6, line 11 [Clause 8], after ‘well-being’, insert ‘and ascertain the mental and |
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| | Page 6, line 17 [Clause 8], at end insert ‘and to the provisions of the United Nations |
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| | Convention on the Rights of the Child.’. |
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| | Page 7, line 28 [Clause 9], after ‘subsection’, insert ‘or submit a written |
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| | explanation of why such a placement was not desirable or achievable’. |
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| | Page 7, line 41 [Clause 9], at end insert— |
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| | | ‘(e) | C does not have more than three placements within a 12 month period or |
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| | | more than two placements within the last year of compulsory schooling. |
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| | | (8A) | If the requirement in subsection (8)(e) is not complied with, the local authority |
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| | | must provide C with a written explanation.’. |
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| | Page 8, line 34 [Clause 9], at end insert— |
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| | | ‘( ) | Until the coming into force of subsection (1), Schedule 2 to the 1989 Act has |
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| | | effect with the modifications specified in Schedule [Transitory modifications of |
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| | | Schedule 2 to the 1989 Act].’. |
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| | Page 9, line 14 [Clause 10], at end insert— |
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| | | ‘(c) | a strategy with their Housing and Planning department for maximising |
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| | | the availability of foster care placements.’. |
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| | Page 9, line 28 [Clause 11], at end insert— |
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| | | ‘(2A) | A local authority must offer the services of an independent reviewing officer to |
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| | | any relevant child for whom it is the responsible local authority.’. |
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| | Page 14, line 25 [Clause 18], leave out ‘(4)’ and insert ‘(4A)’. |
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| | Page 14, line 38 [Clause 18], at end insert— |
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| | | ‘(4A) | After that subsection add— |
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| | | “(5) | For the purposes of subsection (4)(b), if the child is not in the area of the |
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| | | local authority, they must treat him as if he were in that area.”’. |
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| | Page 16, line 4 [Clause 20], leave out subsection (1) and insert— |
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| | | ‘(1) | The governing body of a maintained school attended by children in care shall |
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| | | promote the educational achievement of registered pupils at the school who— |
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| | | (a) | are being looked after by a local authority; or |
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| | | (b) | fall within subsection (6). |
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| | | (1A) | The governing body must designate— |
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| | | (a) | at least one member of the teaching staff at the school (“the designated |
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| | | person”) as having responsibility for monitoring the educational |
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| | | achievement of registered pupils; and |
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| | | (b) | one member of the governing body, who is not a member of the teaching |
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| | | staff at the school, as having responsibility for coordinating with the |
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| | | designated person and reporting the educational achievement of |
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| | | registered pupils to the governing body.’. |
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| | Page 16, line 4 [Clause 20], at end insert ‘teaching’. |
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| | Page 16, line 11 [Clause 20], at end insert— |
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| | | ‘(2A) | The governing body must designate a member of the governing body (“the |
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| | | designated governor”) as having responsibility for oversight of the provision |
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| | | made under subsection (1). |
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| | | (2B) | The governing body must ensure that the designated governor is provided with all |
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| | | relevant information to assist him in the discharge of his functions.’. |
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| | Page 25, line 23 [Clause 32], leave out ‘the death of a’ and insert ‘a deceased’. |
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| | To move the following Schedule:— |
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| | | ‘Transitory modifications of Schedule 2 to the 1989 Act |
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| | | 1 | Paragraph 12 of Schedule 2 to the 1989 Act (regulations as to placing of |
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| | | children with local authority foster parents) has effect as if paragraphs (d) and |
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| | | 2 | That Schedule has effect as if, after paragraph 12, there were inserted— |
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| | | “12A (1) | Regulations under section 23(2)(a) may, in particular, also make |
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| | | (a) | for securing that a child is not placed with a local authority |
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| | | foster parent unless that person is for the time being |
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| | | approved as a local authority foster parent by such local |
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| | | authority as may be prescribed; |
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| | | (b) | establishing a procedure under which any person in respect |
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| | | of whom a qualifying determination has been made may |
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| | | apply to the appropriate national authority for a review of |
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| | | that determination by a panel constituted by that national |
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| | | |
| | | (2) | A determination is a qualifying determination if— |
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| | | (a) | it relates to the issue of whether a person should be |
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| | | approved, or should continue to be approved, as a local |
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| | | authority foster parent; and |
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| | | (b) | it is of a prescribed description. |
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| | | (3) | Regulations made by virtue of sub-paragraph (1)(b) may include |
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| | | (a) | the duties and powers of a panel; |
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