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233

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Tuesday 23 February 2010

 

Report Stage Proceedings

 

Children, Schools and Families Bill, As Amended


 

new clauses

 

Amendments of provisions about complaints in ASCLA 2009

 

Secretary Ed Balls

 

Added  NC17

 

To move the following Clause:—

 

‘(1)    

In Part 10 of ASCLA 2009 (schools), Chapter 2 (complaints: England) is

 

amended as follows.

 

(2)    

In section 207 (power of Local Commissioner to investigate complaint), in

 

subsection (5)(b) (power not to investigate vexatious complaint), before

 

“vexatious” there is inserted “frivolous or”.

 

(3)    

In section 216 (law of defamation)—

 

(a)    

in subsection (1)(a), after “a governing body” there is inserted “or head

 

teacher”;

 

(b)    

in subsection (2)(a), after “the governing body” there is inserted “or head

 

teacher”.’.

 


 

Publication of information by Local Safeguarding Children Boards (LSCBs) in England

 

and Wales

 

Michael Gove

 

Mr Nick Gibb

 

Tim Loughton

 

Mrs Maria Miller

 

Mr Graham Stuart

 

Mr Edward Timpson

 

Negatived on division  NC1

 

To move the following Clause:—

 

‘(1)    

When a LSCB deems it necessary to conduct a Serious Case Review (SCR), the

 

LSCB will—


 
 

Report Stage Proceedings: 23 February 2010              

234

 

Children, Schools and Families Bill, continued

 
 

(a)    

carry out an initial management review to identify any immediate

 

concerns within 72 hours of deciding that a SCR is necessary;

 

(b)    

commission an internal investigation if the child or his immediate family

 

has received social care services from the local authority in the past two

 

years;

 

(c)    

commission a SCR.

 

(2)    

The LSCB will commission the SCR from an author approved by a body

 

established by the Secretary of State by order made by statutory instrument.

 

(3)    

The LSCB will publish the SCR in full, excluding only information that may lead

 

to the identification of living parties.’.

 


 

Independent review

 

Michael Gove

 

Mr Nick Gibb

 

Tim Loughton

 

Mr Edward Timpson

 

Mr Graham Stuart

 

Bill Wiggin

 

Added  NC2

 

To move the following Clause:—

 

‘(1)    

The Lord Chancellor may not bring into effect the provisions set out in Schedule

 

2 of this Act, unless—

 

(a)    

the Lord Chancellor has commissioned a full independent review and

 

evaluation of—

 

(i)    

the operation of Part 2 of this Act, and

 

(ii)    

the impact of the new guidelines on reporting restrictions

 

introduced on 27 April 2009,

 

(b)    

the conclusions of the independent review have been set out in a report

 

which has been laid before Parliament.

 

(2)    

No review for the purposes of subsection (1) may be commenced before the end

 

of the period of 18 months beginning with the time section 32 comes into force

 

and a full review has been completed of the findings from the pilot allowing for

 

the publication of anonymised judgments alone.’.

 



 
 

Report Stage Proceedings: 23 February 2010              

235

 

Children, Schools and Families Bill, continued

 
 

Access to public examinations

 

Michael Gove

 

Mr Nick Gibb

 

Tim Loughton

 

Mrs Maria Miller

 

Mr Graham Stuart

 

Mr Edward Timpson

 

Not called  NC3

 

To move the following Clause:—

 

‘(1)    

A local authority in England shall provide access to examination centres for

 

home-educated children.

 

(2)    

The Secretary of State may by order specify the circumstances in which

 

subsection (1) applies.

 

(3)    

The Secretary of State may by order specify the examinations to which subsection

 

(1) applies.

 

(4)    

“Home-educated children” means children all of whose education is provided

 

otherwise than at a school, and not under section 19 of the Education Act 1996.’.

 


 

Charitable status of academy proprietors etc.

 

Michael Gove

 

Mr Nick Gibb

 

Tim Loughton

 

Mrs Maria Miller

 

Mr Graham Stuart

 

Mr Edward Timpson

 

Not called  NC4

 

To move the following Clause:—

 

‘(1)    

In section 482 of EA 1996 (Academies), after subsection (5) there is inserted—

 

“(5A)    

A qualifying Academy proprietor is a charity (and in accordance with

 

Schedule 2 to the Charities Act 1993 is an exempt charity for the

 

purposes of that Act).

 

(5B)    

In subsection (5A) “qualifying Academy proprietor” means a

 

company—

 

(a)    

which is limited by guarantee,

 

(b)    

whose registered office is situated in England and Wales,

 

(c)    

which in pursuance of an agreement under this section is the

 

proprietor of an Academy, or of a city technology college or a

 

city college for the technology of the arts, and

 

(d)    

whose object as expressed in its articles or memorandum of

 

association (or each of whose objects as so expressed) is a

 

charitable purpose.

 

    

Expressions used in this subsection and in the Companies Act 2006 have

 

the same meaning in this subsection as in that Act.”.

 

(2)    

In Schedule 2 to the Charities Act 1993 (exempt charities), after paragraph (c)

 

there is inserted—


 
 

Report Stage Proceedings: 23 February 2010              

236

 

Children, Schools and Families Bill, continued

 
 

“(ca)    

a qualifying Academy proprietor (within the meaning given by

 

section 482(5B) of the Education Act 1996);”’.

 


 

Moratorium on closure of special schools

 

Michael Gove

 

Mr Nick Gibb

 

Tim Loughton

 

Mrs Maria Miller

 

Mr Graham Stuart

 

Mr Edward Timpson

 

Not called  NC5

 

To move the following Clause:—

 

‘(1)    

Section 15 of the Education and Inspections Act 2006 (Proposals for

 

discontinuance of schools maintained by local education authority) is amended as

 

follows.

 

(2)    

After subsection (1) there is inserted—

 

“(1A)    

No proposals to discontinue a community or foundation special school

 

under subsection (1) shall be published without the consent of the

 

Secretary of State.”’.

 


 

Amendment of definitions

 

Michael Gove

 

Mr Nick Gibb

 

Tim Loughton

 

Mrs Maria Miller

 

Mr Graham Stuart

 

Mr Edward Timpson

 

Not called  NC6

 

To move the following Clause:—

 

‘(1)    

The Lord Chancellor may not amend—

 

(a)    

the definition of “relevant family proceedings” in section 32(5);

 

(b)    

the definition of “professional witness” in section 41(1);

 

(c)    

Schedule 3 (list of sensitive personal information) by order made by

 

statutory instrument unless—

 

(i)    

the Lord Chancellor has commissioned an independent review of

 

the existing definitions, and

 

(ii)    

the conclusions of the independent review have been set out in a

 

report which has been laid before Parliament.


 
 

Report Stage Proceedings: 23 February 2010              

237

 

Children, Schools and Families Bill, continued

 
 

(2)    

No review for the purposes of subsection (1) may be commenced before the end

 

of the period of 18 months beginning with the time section 32 comes into force

 

and the independent review has been completed.’.

 


 

Limitations on publication of information

 

Michael Gove

 

Mr Nick Gibb

 

Tim Loughton

 

Mrs Maria Miller

 

Mr Graham Stuart

 

Mr Edward Timpson

 

Negatived on division  NC7

 

To move the following Clause:—

 

‘The court shall only permit publication of information relating to a case in family

 

proceedings for the purposes of this Act upon the availability of the relevant

 

judgment to that particular case and not before.’.

 


 

Uncontested adoption proceedings

 

Michael Gove

 

Mr Nick Gibb

 

Tim Loughton

 

Mrs Maria Miller

 

Mr Graham Stuart

 

Mr Edward Timpson

 

Not called  NC8

 

To move the following Clause:—

 

‘Part 2 of this Bill shall not apply to uncontested adoption proceedings under the

 

Adoption and Children Act 2002.’.

 



 
 

Report Stage Proceedings: 23 February 2010              

238

 

Children, Schools and Families Bill, continued

 
 

Identification information

 

Michael Gove

 

Mr Nick Gibb

 

Tim Loughton

 

Mrs Maria Miller

 

Mr Graham Stuart

 

Mr Edward Timpson

 

Not called  NC9

 

To move the following Clause:—

 

‘For the purposes of this Act, an account of proceedings, or of any part of

 

proceedings, shall be taken to identify a person (“identification information”)

 

if—

 

(a)    

it contains any particulars of—

 

(i)    

the name, title, pseudonym or alias of the person;

 

(ii)    

the address or description (physical or by value) of any premises

 

at which the person resides or works, or the locality in whic any

 

such premises are situated;

 

(iii)    

the physical description or the style of dress of the person;

 

(iv)    

any employment or occupation engaged in, profession practised

 

or calling pursued, by the person or any official or honorary

 

position held by the person;

 

(v)    

the relationship of the person to identified relatives of the person

 

or the association of the person with identified friends or

 

identified business, official or professional acquaintances of the

 

person;

 

(vi)    

the recreational interests, or the political, philosophical or

 

religious beliefs or interests, of the person; or

 

(vii)    

any real or personal property in which the person has an interest

 

or with which the person is otherwise associated; being

 

particulars that are sufficient to identify that person to a member

 

of the public, or to a member of the section of the public to which

 

the accounts disseminated, as the case requires;

 

(b)    

in the case of a written or televised account or an account by other

 

electronic means - it is accompanied by a picture of the person; or

 

(c)    

in the case of a broadcast or televised account or an account by other

 

electronic means - it is spoken in whole or in part by the person and the

 

person’s voice is sufficient to identify that person to a member of the

 

public, or to a member of the section of the public to which the account

 

is disseminated, as the case requires.’.

 


 

Reasonable punishment

 

Mr David Laws

 

Annette Brooke

 

Mr Greg Pope

 

Not called  NC10

 

To move the following Clause:—

 

‘(1)    

The Children Act 2004 is amended as follows—


 
 

Report Stage Proceedings: 23 February 2010              

239

 

Children, Schools and Families Bill, continued

 
 

(2)    

In section 58 (reasonable punishment), after subsection (4) there is inserted—

 

“(4A)    

Only a person with parental responsibility for a child within the meaning

 

of section 3 of the Children Act 1989 can justify battery of the child on

 

the ground that it constituted reasonable punishment.”’.

 


 

Excluded children

 

Mr Graham Stuart

 

Not called  NC11

 

To move the following Clause:—

 

‘The authorities, bodies, proprietors and teachers to which this section applies

 

may not advise a child’s parent to consider home education—

 

(a)    

in order to prevent the permanent exclusion of that child; or

 

(b)    

as a mechanism to deal with behavioural issues relating to that child.’.

 


 

Consultative forums

 

Mr Graham Stuart

 

Not called  NC12

 

To move the following Clause:—

 

‘(1)    

A local authority in England shall establish a consultative forum for the purpose

 

of securing the views of parents of home-educated children in their area.

 

(2)    

After each meeting of a consultative forum, a local authority in England shall—

 

(a)    

assess its results, and

 

(b)    

publish a summary of them.

 

(3)    

If those views demonstrate material parental satisfaction with the provision of

 

support by a local authority to home-educated children in their area, the authority

 

shall prepare and publish a plan (“a response plan”) setting out their proposals

 

for—

 

(a)    

responding to that dissatisfaction, and

 

(b)    

dealing with any particular issues, about which views were expressed in

 

the consultative forum, that the authority consider need to be dealt with.

 

(4)    

Regulations may make provision for—

 

(a)    

the establishment of a consultative forum and the procedures to be

 

followed;

 

(b)    

how often meetings of a consultative forum should take place;

 

(c)    

when and how the views expressed in each meeting of the consultative

 

forum are to be published;


 
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