House of Commons portcullis
House of Commons
Session 2007 - 08
Internet Publications
Other Bills before Parliament


 
 

Report Stage Proceedings: 8th October 2008              

738

 

Children and Young Persons Bill[ [], continued

 
 

(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

 

Not selected  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.’.

 

.

 


 

Foster charters

 

Tim Loughton

 

Miss Julie Kirkbride

 

Mr Edward Timpson

 

Mr Andrew Turner

 

Angela Watkinson

 

Not called  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.’.

 



 
 

Report Stage Proceedings: 8th October 2008              

739

 

Children and Young Persons Bill[ [], continued

 
 

Responsibility for children in care who enter custody

 

Tim Loughton

 

Miss Julie Kirkbride

 

Mr Edward Timpson

 

Mr Andrew Turner

 

Angela Watkinson

 

Negatived on division  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).”’.

 


 

Abolition of corporal punishment of children

 

Mr Kevin Barron

 

Julie Morgan

 

John Bercow

 

Annette Brooke

 

Mr Elfyn Llwyd

 

Dr Richard Taylor

 

Natascha Engel

 

Mr Martin Caton

 

John Barrett

 

Mrs Betty Williams

 

Jeremy Corbyn

 

Bill Etherington

 

Not called  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

 

Not called  NC26

 

To move the following Clause:—

 

‘After section 17B of the 1989 Act insert—


 
 

Report Stage Proceedings: 8th October 2008              

740

 

Children and Young Persons Bill[ [], continued

 
 

“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.

 

(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

 

Not selected  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


 
 

Report Stage Proceedings: 8th October 2008              

741

 

Children and Young Persons Bill[ [], continued

 
 

(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

 

Not called  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.’.

 


 

Annette Brooke

 

Mark Williams

 

Not called  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

 

Agreed to  4

 

Page  5,  line  38,  leave out Clause 7.

 


 

Tim Loughton

 

Miss Julie Kirkbride

 

Mr Edward Timpson

 

Mr Andrew Turner

 

Angela Watkinson

 

Not selected  11

 

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

 

physical health’.


 
 

Report Stage Proceedings: 8th October 2008              

742

 

Children and Young Persons Bill[ [], continued

 
 

Annette Brooke

 

Mark Williams

 

Not called  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

 

Not selected  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

 

Not called  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.

 

(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

 

Agreed to  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

 

Not called  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.’.


 
 

Report Stage Proceedings: 8th October 2008              

743

 

Children and Young Persons Bill[ [], continued

 
 

Helen Southworth

 

Kevin Barron

 

David Kidney

 

Not called  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

 

Agreed to  8

 

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

 

Secretary Ed Balls

 

Agreed to  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.”’.

 


 

Tim Loughton

 

Miss Julie Kirkbride

 

Mr Edward Thompson

 

Mr Andrew Turner

 

Angela Watkinson

 

Not selected  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

 

Not selected  2

 

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


 
 

Report Stage Proceedings: 8th October 2008              

744

 

Children and Young Persons Bill[ [], continued

 
 

Annette Brooke

 

Mark Williams

 

Not selected  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

 

Agreed to  10

 

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

 


 

NEW SCHEDULE

 

Secretary Ed Balls

 

Added  NS1

 

To move the following Schedule:—

 

‘Transitory modifications of Schedule 2 to the 1989 Act

 

1          

Paragraph 12 of Schedule 2 to the 1989 Act (regulations as to placing of

 

children with local authority foster parents) has effect as if paragraphs (d) and

 

(g) were omitted.

 

2          

That Schedule has effect as if, after paragraph 12, there were inserted—

 

“12A (1)  

Regulations under section 23(2)(a) may, in particular, also make

 

provision—

 

(a)    

for securing that a child is not placed with a local authority

 

foster parent unless that person is for the time being

 

approved as a local authority foster parent by such local

 

authority as may be prescribed;

 

(b)    

establishing a procedure under which any person in respect

 

of whom a qualifying determination has been made may

 

apply to the appropriate national authority for a review of

 

that determination by a panel constituted by that national

 

authority.

 

      (2)  

A determination is a qualifying determination if—

 

(a)    

it relates to the issue of whether a person should be

 

approved, or should continue to be approved, as a local

 

authority foster parent; and

 

(b)    

it is of a prescribed description.

 

      (3)  

Regulations made by virtue of sub-paragraph (1)(b) may include

 

provision as to—

 

(a)    

the duties and powers of a panel;


 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2008
Revised 9 October 2008