Children and Families Bill

fourth
marshalled
list of Amendments
to be moved
in grand committee

The amendments have been marshalled in accordance with the Instruction of 8th July 2013, as follows—

Clauses 11 and 12
Schedule 2
Clauses 13 to 72
Schedule 3
Clauses 73 and 74
Schedule 4
Clauses 75 to 87
Schedule 5
Clause 88
Schedule 6
Clauses 89 to 98
Schedule 7
Clauses 99 to 112

[Amendments marked * are new or have been altered]

After Clause 11

LORD NORTHBOURNE

56

Insert the following new Clause—

“Children’s welfare: duties of parents

For the purposes of section 3(1) of the Children Act 1989, the duties of the
parent to their child are—

(a)   to safeguard and promote the child’s health, development and
welfare;

(b)   to provide in a manner appropriate to the age and development of
the child—

(i)   direction; and

(ii)   guidance,

  to the child;

(c)   if the child is not living with the parent, to maintain personal
relations and contact with the child on a regular basis,

but only in so far as compliance with this section if practicable and in the
best interest of the child.”

57

Insert the following new Clause—

“Children’s welfare: family responsibilities (schools)

(1)   The governors, sponsors and headteacher of every school which teaches
pupils in keystage 3 must prepare and publish each year a full and clear
statement of the policy and practice of the school in relation to preparing
pupils for the opportunities, duties and responsibilities which they are
likely to encounter in adult life including the duties and responsibilities of
family formation and of raising children.

(2)   Every statement must also publish the qualifications, learning and
experiences of teachers who are involved in the delivery of this
programme.

(3)   This statement must be brought up to date annually.

(4)   The Secretary of State may, from time to time, make regulations concerning
matters which must be covered by the statement which must include “extra
curricular activities”.”

Clause 12

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

58

Page 10, leave out lines 40 to 43 and insert—

“(a)   with whom a child is to—

(i)   live,

(ii)   spend time, or

(iii)   otherwise have contact; and

(b)   when, with any person, a child is to—

(i)   live,

(ii)   spend time, or

(iii)   otherwise have contact.”

59

Page 11, line 1, at end insert—

“(5)   “Rights of custody” under the Hague Convention are determined by an
order made under subsection (3)(a)(i).”

Schedule 2

BARONESS BUTLER-SLOSS

LORD MCCOLL OF DULWICH

60

Page 136, line 8, leave out paragraph 48 and insert—

“48 In section 27 of the Child Abduction and Custody Act 1985
(interpretation) at the end insert—

“(6)   For the purposes of the 1980 Hague Convention on the Civil
Aspects of International Child Abduction—

(a)   subject to any order of a court for the time being in
force, a person with whom a child is to live under a
child arrangements order made by a court in England
and Wales (as defined by section 8 of the Children Act
1989) should be regarded as having rights of custody in
respect of the child;

(b)   subject to any order of a court for the time being in
force, a person—

(i)   with whom a child is to spend time under a
child arrangements order, or

(ii)   with whom a child is to otherwise have contact
under a child arrangements order,

  should be regarded as having a right of access to the child.

(7)   This section is not intended to be a complete statement of the
circumstances in which, under the law of England and Wales,
a person has for the purposes of the Convention, custody of, or
access to, a child, or a right or rights of custody or access in
relation to a child.””

LORD NASH

61

Page 141, line 43, at end insert—

“Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

70 In paragraph 13(1)(c) of Schedule 1 to the Legal Aid, Sentencing and
Punishment of Offenders Act 2012 (civil legal services: orders mentioned
in section 8(1) of the Children Act 1989) for “residence, contact”
substitute “child arrangements orders”.”

Clause 14

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS BENJAMIN

62

Page 13, line 15, after “issued” insert “unless the court considers it necessary in
order to safeguard or promote the child’s welfare to permit additional time for the
disposing of the application”

63

Page 14, line 4, after “weeks” insert “or, having taken into consideration the
safeguarding and promotion of the child’s welfare following evidence presented
to the court relating to a planned programme of intervention, such longer time
period as the court deems appropriate,”

After Clause 14

LORD LLOYD OF BERWICK

64

Insert the following new Clause—

“Care proceedings: standard of proof

(1)   The Children Act 1989 is amended as follows.

(2)   In section 31 (care and supervision), after subsection (2) insert—

“(2A)    Subsection (2) above shall be interpreted so as to permit a court to
infer that a child is likely to suffer significant harm from the sole fact
that the child is, or will be, living with a person who is a possible
perpetrator of significant harm to another child.

(2B)   For the purposes of subsection (2A), a person (the person
concerned) is to be treated as a “possible perpetrator” if—

(a)   a child has suffered significant harm;

(b)   the court is unable to identify the actual perpetrator of the
said harm but identifies a list of possible perpetrators by
finding (in relation to each such person) that there is a real
possibility that he caused significant harm to the child; and

(c)   the person concerned is one of the persons on the said list.””

Clause 15

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

65

Page 15, line 10, after “provisions” insert “and sibling placement arrangements”

Clause 18

LORD MACKAY OF CLASHFERN

 

Lord Mackay of Clashfern gives notice of his intention to oppose the Question that
Clause 18 stand part of the Bill
.

After Clause 18

BARONESS STEDMAN-SCOTT

65A

Insert the following new Clause—

“Repeal of restrictions on orders with respect to Children in Family proceedings

Section 9(1) of the Children Act 1989 is repealed.”

Clause 19

LORD LOW OF DALSTON

65B

Page 18, line 30, at end insert—

“( )   whether the child is a disabled person for the purposes of the
Equality Act 2010 and, if so, the obligations falling on the local
authority as a result including any obligations under section 20 of
that Act (namely the duty to make reasonable adjustments).”

65C

Page 18, line 30, at end insert—

“( )   the distinction between children for whom parents have some legal
responsibility and young adults who must be supported to
participate as fully as possible in their own right, in decisions
relating to the exercise of the function concerned.”

65D

Page 18, line 30, at end insert—

“( )   the need to continue to develop an inclusive system where parents
of disabled children have increasing access to mainstream schools
and staff and which have the capacity to meet the needs of disabled
children.”

BARONESS WALMSLEY

LORD STOREY

BARONESS HOWE OF IDLICOTE

BARONESS MASSEY OF DARWEN

66

Page 18, line 30, at end insert—

“( )   The functions to which this section relates include the functions under
sections 32, 36, 38 and 44.”

Clause 20

LORD STOREY

BARONESS WALMSLEY

BARONESS BRINTON

67

Page 18, line 34, after “or” insert “a”

68

Page 18, line 34, leave out from “special” to end of line 35 and insert “provision to
be made for him or her to be able to access education”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

69

Page 18, line 40, leave out paragraph (b) and insert—

“(b)   is a disabled person as defined by section 6 of the Equality Act
2010.”

70

Page 18, line 42, at end insert—

“(c)   has a chronic illness or long-term health condition which impacts
on his or her ability to access the same learning opportunities as
their peers without additional or extra provision.”

LORD RAMSBOTHAM

70A

Page 19, line 8, at end insert—

“( )   A child of compulsory school age who is excluded for a fixed term from
school on two occasions within a single school year shall receive an
assessment to identify possible learning difficulties within one month of
the second fixed-term exclusion.”

Clause 21

BARONESS GREENGROSS

71

Page 19, line 24, leave out subsection (5) and insert—

“(5)   Health care provision or social care provision which is provided for the
purposes of education or training of a child or young person in addition to
provisions included in subsections (3) and (4), if any, is to be treated as
special educational provision.”

LORD RAMSBOTHAM

72

Page 19, line 24, leave out subsection (5) and insert—

“(5)   Health care provision or social care provision which is educational for, or
training of, a child or young person is to be treated as special educational
provision (instead of health care provision or social care provision).”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

73

Page 19, line 24, leave out “wholly or mainly”

After Clause 21

BARONESS BRINTON

BARONESS HOWE OF IDLICOTE

BARONESS MASSEY OF DARWEN

74

Insert the following new Clause—

“Special educational needs of severely bullied children

(1)   Schedule (Special educational needs of severely bullied children) has effect.

(2)   In this section and Schedule (Special educational needs of severely bullied
children
)—

“bullying” is unwanted behaviour that causes distress or harm,
involves an imbalance of power or strength between aggressor and
victim, is unwarranted and commonly occurs repeatedly over time;

“severe bullying” is behaviour that affects children so severely that
they suffer trauma and psychological damage, which can also result
in them missing school for long periods of time;

a “bullying incident” should be addressed as a child protection
concern when there is reasonable cause to suspect that a child is
suffering, or is likely to suffer, significant harm.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

75

Insert the following new Clause—

“Early-years area SEN co-ordinators

(1)   Local authorities must appoint sufficient full-time equivalent members of
staff (to be known as “early-years area SEN co-ordinators”) to have
responsibility for coordinating provision for children in Ofsted-registered
early years settings other than maintained nursery schools.

(2)   In assessing sufficiency of staffing levels under subsection (1), the local
authority must have regard to—

(a)   the number of children with special educational needs in its area
registered with early years settings to which subsection (1) applies;

(b)   the number and geographical location of early years settings to
which subsection (1) applies.

(3)   Regulations may provide for—

(a)   further considerations to be made by local authorities in exercising
their duties under subsection (1);

(b)   the specific responsibilities of early-years area SEN co-ordinators.

(4)   The Secretary of State shall publish guidance to local authorities to assist in
exercising their functions under subsection (1).

(5)   Local authorities must publish information on the provision of early-years
area SEN co-ordinators as part of exercising their duties under section 30 of
this Act.”

Clause 22

LORD RAMSBOTHAM

76

Page 19, line 31, leave out “with a view to securing that it identifies” and insert “to
use its best endeavours to identify”

LORD TOUHIG

BARONESS HUGHES OF STRETFORD

77

Page 19, line 32, after “identifies” insert “as early as possible”

LORD RAMSBOTHAM

78

Page 19, line 33, at end insert—

“( )   Regulations must set out the responsibilities of a local authority to use its
best endeavours to identify all children and young people with special
education needs in its area.

( )   Regulations may in particular issue guidance to local authorities on
identifying all children and young people with special education needs in
its area.”

79

Page 19, line 33, at end insert—

“( )   A school or post-16 institution, mentioned in section 29(2), and a registered
early years setting, must exercise its functions with a view to securing that
it identifies any child or young person who is registered as a pupil or
student at the school or post-16 institution who has or may have special
educational needs.

( )   Regulations may confer guidance to schools on how they identify pupils
with special educational needs as early as possible.”

After Clause 22

BARONESS BRINTON

BARONESS WALMSLEY

BARONESS HOWARTH OF BRECKLAND

LORD TOUHIG

80

Insert the following new Clause—

“Data on the number of children and young people with special educational
needs and disabilities

(1)   A local authority in England must publish information annually on the
number of children and young people in its area who have special
educational needs and disabilities.

(2)   Information under subsection (1) must be published by type of special
educational need and disability.”

After Clause 23

LORD PATEL

81

Insert the following new Clause—

“Suitable education for children and young people

(1)   Section 19 of the Education Act 1996 (exceptional provision of education in
pupil referral units or elsewhere) is amended as follows.

(2)   After subsection (5) insert—

“(5A)    Suitable education for children and young people means—

(a)   good quality education regardless of personal circumstance
or education setting,

(b)   appropriate and tailored support to overcome barriers and
meet a child or young person’s individual needs,

(c)   education suitable to the child or young person’s age, ability
and to any social and emotional or special educational
needs he or she may have, and

(d)   enabling children and young people to maintain academic
progression and attainment, and allow them to thrive and
prosper in the education system.”

(3)   Omit subsection (6).”

Clause 24

LORD TOUHIG

82

Page 20, line 3, leave out “who is under compulsory school age” and insert “or
young person”

83

Page 20, line 7, after “child’s” insert “or young person’s”

84

Page 20, line 9, after “child’s” insert “or young person’s”

85

Page 20, line 15, after “child” insert “or young person”

Clause 25

BARONESS SHARP OF GUILDFORD

86

Page 20, line 36, at end insert—

“( )   In exercising its functions under this Part, a local authority must—

(a)   facilitate co-operation between local authorities, schools, other
educational providers and providers of health care and social care;

(b)   ensure that schools, other educational providers and providers of
health care and social care have sufficient resources including
financial resources, to meet and carry out their responsibilities
under this Part;

(c)   develop strategies to ensure the identification and support of
persons, who may be described as lead professionals or key
workers who may come from local authorities, schools, other
educational providers and providers of health care and social care,
and who shall take a lead role in the integration of services.”

Clause 26

LORD LOW OF DALSTON

BARONESS SHARP OF GUILDFORD

87

Page 20, line 41, at end insert—

“( )   A local authority in England and its partner commissioning bodies must
make arrangements (“joint commissioning arrangements”) about the
education, health and care provision to be secured for disabled children
and young people in their area.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

88

Page 21, line 2, at end insert—

“(d)   any other provision deemed necessary to meet the special
educational, health or social care needs of a child or young person.”

LORD RAMSBOTHAM

89

Page 21, line 5, leave out “reasonably”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

90

Page 21, line 17, at end insert—

“(h)   compliance with the disability provisions of the Equalities Act.”

LORD LOW OF DALSTON

90A

Page 21, line 17, at end insert—

“( )   Procedures for ensuring that the provision agreed includes any and all
provision which would be required to give effect to any duty arising under
sections 85(6) and 20 of the Equality Act 2010 in relation to the child or
young person in question.”

BARONESS JONES OF WHITCHURCH

BARONESS HUGHES OF STRETFORD

90B*

Page 21, line 22, at end insert “and the education, health and care provision
specified under subsection (3)(a)”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

91

Page 21, line 23, at end insert—

“(d)   ensuring reasonable adjustments required are made.”

LORD RAMSBOTHAM

92

Page 21, line 23, at end insert—

“( )   securing for children and young people with special educational
needs but no EHC plan the education, health and care provision
agreed under subsection (3)(a).”

LORD RIX

92A

Page 21, line 23, at end insert—

“( )   informing development of provision within the local offer,”

LORD RAMSBOTHAM

93

Page 21, line 26, leave out “have regard to” and insert “act in accordance with”

94

Page 21, line 27, at end insert—

“(c)   ensure that, following operation of the dispute resolution
procedures mentioned in subsection (3)(g), agreement between the
partners is reached on the matters set out in subsection (3), and
ensure that arrangements are in place, as set out in subsection (4),
and then put into effect.”

95

Page 21, line 40, at end insert—

“( )   Where a clinical commissioning group, or the NHS Commissioning Board,
is a partner commissioning body, the agreements and arrangements
referred to in subsections (1) to (5) are not to be taken to be constrained by
reference to what that group or Board has separately decided to be
necessary for the purposes of its duty under section 3 or section 3B of the
National Health Service Act 2006 as the case may be.”

96

Page 21, line 44, at end insert—

“(10)   Before making arrangements for the purposes of subsection (1), or before
agreeing the matters set out in subsections (3) to (5) or any of them, the local
authority, and its partner commissioning bodies, shall consult those
persons and bodies specified in section 27(3).”

97

Page 21, line 44, at end insert—

“(11)   The arrangements made and the matters agreed following consultation
under subsection (10) shall be published by the local authority and its
partner commissioning bodies as prescribed by regulations.”

98

[Withdrawn]

Clause 27

LORD LOW OF DALSTON

LORD TOUHIG

98A

Page 22, line 12, at end insert—

“( )   If the education and care provision referred to in subsection (1)(a) and (b)
is deemed insufficient to meet the needs of children and young people
under subsection (2), a local authority must—

(a)   publish these findings;

(b)   involve those consulted in subsection (3) in producing an action
plan to revise the education and care provision referred to in
subsection (1)(a) and (b);

(c)   review and report on progress against its action plan;

(d)   revise the local offer accordingly.

“( )   Regulations must make provision about—

(a)   criteria to be used by local authorities in assessing whether the
education and care provision referred to in subsection (1)(a) and (b)
is sufficient under subsection (2);

(b)   the information to be included in an authority’s action plan;

(c)   how an authority is to involve children, young people and families
in the production of, and assessment of progress against, its action
plan;

(d)   imposing time limits on implementing the revision of the education
and care provision referred to in subsection (1)(a) and (b) deemed
insufficient.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

LORD TOUHIG

99

Page 22, line 12, at end insert—

“(2A)    The local authority must assess the extent to which there is sufficient
funding in place to secure the provision detailed in subsection (1) for all the
children and young people and their families who require it.

(2B)   Where a local authority exercising its duty under subsection (2A) finds that
it does not have sufficient funding in place to secure adequate provision for
all children and young people who require the provision, the authority
must consider jointly commissioning services for which it is exclusively
responsible with neighbouring local authorities, where this is appropriate.”

LORD LINGFIELD

99A

Page 22, line 25, after “post-16” insert “and higher education”

Clause 28

LORD LINGFIELD

99B

Page 23, line 13, after “further” insert “or higher”

BARONESS HOWE OF IDLICOTE

BARONESS SHARP OF GUILDFORD

LORD RAMSBOTHAM

100

Page 24, line 5, at end insert—

“( )   A local authority in England may co-operate with another local authority
in England to commission and provide services for children and young
people with low incidence special educational needs.”

Clause 29

LORD LINGFIELD

100A

Page 24, line 13, leave out “further education sector” and insert “further and higher
education sectors”

Clause 30

LORD LOW OF DALSTON

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS SHARP OF GUILDFORD

101

Page 24, line 31, leave out “it expects to be” and insert “which is”

LORD LUCAS

101A

Page 24, line 32, after “children” insert “for whom it is responsible”

LORD LOW OF DALSTON

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS SHARP OF GUILDFORD

102

Page 24, line 34, leave out “it expects to be” and insert “which is”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

103

Page 24, line 36, at end insert “including provision in institutions approved by the
Secretary of State by virtue of section 41 of this Part”

BARONESS WILKINS

104

Page 24, line 36, at end insert—

“( )   funding available by the authority for provision within subsection
(2)”

LORD LOW OF DALSTON

105

Page 24, line 36, at end insert—

“( )   the provision within subsection (2) it expects to be available in its
area at the time of publication for children and young people who
have a disability under the Equality Act 2010”

BARONESS SHARP OF GUILDFORD

LORD RAMSBOTHAM

106

Page 24, line 36, at end insert—

“( )   how an authority monitors admissions of children with special
educational needs (whether or not those children have a statement
or EHC plan) to schools in their area;

( )   how an authority will provide support to schools in their area with
regard to making special educational provision for children with
special educational needs;

( )   how an authority will secure training, advice and support for staff
working in their area with children with special educational needs;
and

( )   the action an authority is taking to encourage schools in their area
to share their practice in making special educational provision for
children with special educational needs.”

BARONESS HOWE OF IDLICOTE

106A

Page 24, line 36, at end insert—

“( )   a summary of relevant information from the SEN information
reports for schools in the local authority, as under section 65.”

106B

Page 24, line 36, at end insert—

“( )   the strategy prepared by the local authority under paragraphs 1
and 2 of Schedule 10 to the Equality Act 2010 (accessibility
strategy).”

BARONESS HOWARTH OF BRECKLAND

BARONESS MASSEY OF DARWEN

BARONESS SHARP OF GUILDFORD

107

Page 25, line 2, at end insert—

“( )   arrangements to assist young people and parents in managing a
personal budget should they choose one”

LORD RAMSBOTHAM

108

Page 25, line 2, at end insert—

“(f)   access to provision available for children educated in non-
maintained registered early years settings”

LORD TOUHIG

109

Page 25, line 5, at end insert —

“( )   “retaining employment and accessing benefits;”

110

Page 25, line 9, at end insert—

“(4A)    Where a service is set out in the local offer, the responsible agency has a
duty to deliver that service.”

LORD LOW OF DALSTON

LORD RAMSBOTHAM

111

Page 25, line 11, at end insert—

“( )   A local authority’s local offer shall be subject to inspection by Ofsted and
the Care Quality Commission.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

112

Page 25, line 16, at end insert—

“(6A)    The Secretary of State shall lay a draft of regulations setting out the
minimum level of specific special educational provision, health care
provision and social care provision that local authorities must provide as
part of their local offer, and the regulations are not to be made unless they
have been approved by a resolution of each House of Parliament.

(6B)   Once regulations under subsection (6A) have been made, the Secretary of
State must—

(a)   issue guidance to local authorities on how to meet these
regulations, and

(b)   publish information on these regulations accessible to the families
of children and young people with special educational needs on the
Department’s website, and in any other way he sees fit.”

BARONESS BRINTON

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

113

Page 25, line 18, at end insert—

“( )   Regulations must make provision about the format in which a local offer
will be published.

( )   The format in which a local offer will be published must be of a format
that—

(a)   allows parents of children with special educational needs to make
comparisons between different local authorities’ local offers; and

(b)   presents information by type of special educational need.”

LORD LOW OF DALSTON

LORD RAMSBOTHAM

114

Page 25, line 18, at end insert—

“(7A)    The Secretary of State shall lay a draft of regulations setting out the
minimum level of specific special educational provision, health care
provision and social care provision that local authorities must provide as
part of their local offer, and the regulations are not to be made unless they
have been approved by a resolution of each House of Parliament.

(7B)   Once regulations under subsection (7A) have been made, the Secretary of
State must—

(a)   issue guidance to local authorities on how to meet these
regulations, and

(b)   publish information on these regulations accessible to the families
of children and young people with special educational needs on the
Department’s website, and in any other way he sees fit.”

LORD RAMSBOTHAM

115

Page 25, line 29, at end insert—

“( )   provision for children or young people with speech, language and
communication needs who are not eligible for a EHC plan”

116

Page 25, line 38, at end insert—

“(e)   information about access to provision for children educated in non-
maintained registered early years settings”

117

Page 25, line 38, at end insert—

“(10)   An independent regulator must be appointed with the authority to
demand a local authority to review its local offer in circumstances
prescribed by regulations.”

After Clause 30

BARONESS WILKINS

BARONESS HUGHES OF STRETFORD

118

Insert the following new Clause—

“Minimum standards for the local offer

(1)   The Secretary of State shall lay a draft of regulations setting out the
minimum level of specific special educational provision, health care
provision and social care provision that local authorities must provide as
part of their local offer, and the regulations are not to be made unless they
have been approved by a resolution of each House of Parliament.

(2)   Once regulations under subsection (1) have been made, the Secretary of
State must—

(a)   issue guidance to local authorities on how to meet these
regulations, and

(b)   publish information on these regulations accessible to the families
of children and young people with special educational needs on the
Department’s website, and in any other way he sees fit.”

Clause 32

BARONESS WALMSLEY

LORD STOREY

BARONESS HOWE OF IDLICOTE

BARONESS MASSEY OF DARWEN

119

Page 26, line 16, after “responsible,” insert “and children”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

120

Page 26, line 16, after “and” insert “children and”

121

Page 26, line 18, at end insert—

“(1A)    Local authorities must ensure that in exercising their functions under
subsection (1), advice should be provided in the form of—

(a)   printed materials;

(b)   online resources, including signposting to resources published by
others;

(c)   face to face discussions;

(d)   any other form which the local authority may deem necessary in
pursuance of its duties under the Equality Act.

(1B)   Local authorities must not make, or allow any individuals or organisations
providing advice on their behalf to make, any charge to families of children
with special educational needs, or young people with special educational
needs, in exercising their functions under this section.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS WALMSLEY

LORD STOREY

122

Page 26, line 22, at beginning insert “children and”

After Clause 32

LORD RAMSBOTHAM

123

Insert the following new Clause—

“Advice and information: schools

(1)   Schools and post-16 institutions must publish the provision for all children
and young people that may have particular benefit for those with learning
difficulties or special educational needs available within that institution at
the time of publication.

(2)   The schools and post-16 institutions referred to in subsection (1) are—

(a)   mainstream schools;

(b)   16-19 Academies;

(c)   institutions within the further education sector in England;

(d)   pupil referral units;

(e)   alternative provision Academies;

(f)   a non-maintained special school;

(g)   an institution approved by the Secretary of State under section 41.

(3)   Information required to be published by a school or post-16 institutions
under this section is to be known as its “school offer”.

(4)   A schools or post-16 institutions under this section must keep its schools
offer under review and may for time to time revise it.

(5)   The information published under subsection (1) must be consistent with
the information published under section 30(2) by the appropriate local
authority.”

Clause 33

LORD LOW OF DALSTON

123A

Page 26, line 38, leave out paragraph (b)

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

124

Page 26, line 38, leave out paragraph (b) and insert—

“(b)   meeting the specific needs of the child or young person.”

BARONESS HOWE OF IDLICOTE

124A

Page 27, line 16, at end insert—

“( )   This section does not affect the duties of schools imposed by section 85(6)
of the Equality Act 2010, which places a duty on the responsible body of a
school to make reasonable adjustments for disabled persons.”

Clause 34

BARONESS HOWE OF IDLICOTE

BARONESS SHARP OF GUILDFORD

125

Page 27, line 24, leave out subsection (3)

LORD LOW OF DALSTON

126

Page 28, line 8, leave out subsection (9)

BARONESS HOWE OF IDLICOTE

126A

Page 28, line 15, at end insert—

“( )   This section does not affect the duties of schools imposed by section 85(6)
of the Equality Act 2010, which places a duty on the responsible body of a
school to make reasonable adjustments for disabled persons.”

After Clause 35

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

127

Insert the following new Clause—

“Children and young people temporarily unable to attend mainstream school

(1)   This section applies where a child or young person of compulsory school
age is unable to attend school for a period of between one and twenty four
months.

(2)   The local authority responsible for a child or young person for whom
subsection (1) applies must ensure that appropriate educational provision
is available and provided to the child or young person concerned, and that
any identified health or social care needs are provided for.

(3)   Regulations may specify acceptable reasons for which subsection (1) may
apply, including, but not limited to—

(a)   the placement of the child or young person in a certain school under
section 39 of this Act is the subject of dispute;

(b)   the child or young person has been withdrawn from school while
an EHC plan is being prepared;

(c)   the child or young person has been withdrawn from school as a
result of a diagnosed medical condition;

(d)   the child or young person has been withdrawn from school,
whether by the school, their parents or themselves, as a result of
bullying or fear of bullying;

(e)   the child or young person has been withdrawn from school as a
result of a diagnosed mental condition or temporary mental
instability, including phobia or trauma.

(4)   In discharging their duties under this section, a local authority must—

(a)   consult the child or young person and their family;

(b)   consult the school at which the child or young person is currently
enrolled, or was last enrolled at;

(c)   consult professionals from any other agency known to be in contact
with the child or young person and their family in relation to the
reason for which the child or young person concerned has been
withdrawn from school;

(d)   continue to monitor the development of the child or young person
concerned;

(e)   have regard to the age and prior educational outcomes of the child
or young person when determining provision, and

(f)   consider the suitability of internet-based educational provision.”

LORD RAMSBOTHAM

128

Insert the following new Clause—

“Children with SEN in non-maintained early years settings

(1)   This section applies where a child with special educational needs is being
educated in a non-maintained early years settings or a mainstream school.

(2)   The local authority must use its best endeavours to identify children with
special educational needs in non-maintained registered early years
settings.

(3)   The local authority must use its best endeavours to secure special
educational provision for children with special educational needs in non-
maintained registered early years settings.

(4)   Regulations may—

(a)   prescribe the steps taken by the local authority in respect of how it
manages special educational provision for children in non-
maintained registered settings;

(b)   confer guidance relating to how non-maintained early years
settings facilitate the specified special educational provision for a
child in the care of the registered childcare provider.”

Clause 36

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

129

Page 28, line 33, at end insert—

“(1A)    On receiving a request for an assessment under subsection (1), the local
authority must endeavour to respond to that request within six weeks of
having received it.”

BARONESS WALMSLEY

LORD STOREY

BARONESS HOWE OF IDLICOTE

BARONESS MASSEY OF DARWEN

130

Page 28, line 42, leave out “child’s” and insert “child and”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

131

Page 28, line 42, at end insert—

“(4A)    In making a determination under subsection (3), the local authority must
have regard to the competencies and needs of the child or young person’s
parents and immediate family, where this is relevant to the child or young
person’s wellbeing.”

BARONESS WALMSLEY

LORD STOREY

BARONESS HOWE OF IDLICOTE

BARONESS MASSEY OF DARWEN

132

Page 29, line 3, leave out “child’s” and insert “child and”

LORD LINGFIELD

132A

Page 29, line 3, at end insert “within 15 days of the decision”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

133

Page 29, line 6, at end insert—

“(c)   of their right to request an internal review or appeal against this
decision under section 51.”

BARONESS WALMSLEY

LORD STOREY

BARONESS HOWE OF IDLICOTE

BARONESS MASSEY OF DARWEN

134

Page 29, line 14, leave out “child’s” and insert “child and”

135

Page 29, line 17, at beginning insert “child and”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

136

Page 29, line 32, at end insert—

“(d)   their right to request an internal review or appeal against this
decision under section 51.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

LORD LOW OF DALSTON

LORD TOUHIG

137

Page 29, line 33, leave out subsection (10)

BARONESS SHARP OF GUILDFORD

138

Page 29, line 34, leave out “have regard to his or her age” and insert “ensure that
he or she will have sufficient time and support in education to make a successful
transfer to adulthood”

LORD LINGFIELD

138A

Page 29, line 35, leave out “may” and insert “shall”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

LORD NASH

139

Page 29, line 43, leave out paragraph (g)

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

140

Page 30, line 5, at end insert—

“( )   imposing time limits on the determination of an assessment”

141

Page 30, line 5, at end insert—

“( )   imposing time limits on corresponding with parents in pursuance
of other duties under this section”

142

Page 30, line 5, at end insert—

“(12)   Failure to abide by time limits prescribed by virtue of this section does not
relieve the authority of the duty to serve a notice, or make a decision or
assessment.”

Clause 37

LORD LOW OF DALSTON

143

Page 30, line 20, at end insert—

“( )   any social care provision which the local authority considers to be
necessary in order to meet the needs of the disabled person under
section 2 of the Chronically Sick and Disabled Persons Act 1970.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

144

Page 30, line 20, at end insert—

“( )   any provision deemed necessary to be made available to the family
of the child or young person which may assist in the promotion of
the wellbeing of the child or young person concerned.”

BARONESS HOWE OF IDLICOTE

144ZA

Page 30, line 20, at end insert—

“( )   the child or young person’s disability and the reasonable
adjustments made to address the substantial disadvantages the
child faces, where relevant, as required by section 20 of the Equality
Act 2010.”

LORD RIX

144A

Page 30, line 20, at end insert—

“( )   An Education, Health and Care Plan must specify any social care provision
identified as being needed under section 17 of the Children’s Act 1989 or
section 2 of Chronically Sick and Disabled People’s Act 1970.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

LORD LOW OF DALSTON

145

Page 30, line 23, leave out subsection (4)

BARONESS SHARP OF GUILDFORD

146

Page 30, line 24, leave out “have regard to his or her age” and insert “ensure that
he or she will have sufficient time and support in education to make a successful
transfer to adulthood”

BARONESS HOWE OF IDLICOTE

BARONESS SHARP OF GUILDFORD

147

Page 30, line 24, at end insert—

“( )   In making a decision for the purposes of this section in relation to a young
person aged over 18, a local authority must seek psychological advice from
an educational psychologist”

LORD LINGFIELD

147B

Page 30, line 25, leave out subsection (5) and insert—

“( )   Regulations shall make provision about the preparation, standard form,
content and maintenance of EHC plans, and shall require the EHC plan to
be specific, detailed and quantified, including training requirements and
monitoring arrangements.”

LORD NASH

148

Page 30, line 25, leave out “and maintenance” and insert “, maintenance,
amendment and disclosure”

149

Page 30, line 26, at end insert—

“(6)   Regulations under subsection (5) about amendments of EHC plans must
include provision applying section 33 (mainstream education for children
and young people with EHC plans) to a case where an EHC plan is to be
amended under those regulations.”

Clause 38

BARONESS WALMSLEY

LORD STOREY

BARONESS HOWE OF IDLICOTE

BARONESS MASSEY OF DARWEN

150

Page 30, line 29, leave out “child’s” and insert “child and”

151

Page 30, line 32, leave out “child’s” and insert “child and”

152

Page 30, line 33, after “the” insert “child and”

LORD LINGFIELD

152A

Page 30, line 41, after “further” insert “or higher”

LORD LEXDEN

153

Page 31, line 1, leave out paragraph (f) and insert—

“(f)   an independent school”

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

154

Page 31, line 3, at end insert—

“( )   a provider of alternative educational provision including the
provision of online learning and blended learning.”

LORD LOW OF DALSTON

LORD TOUHIG

155

Page 31, line 3, at end insert—

“( )   an institution of higher education which the young person has
accepted an offer from.”

BARONESS WALMSLEY

LORD STOREY

BARONESS HOWE OF IDLICOTE

BARONESS MASSEY OF DARWEN

156

Page 31, line 6, leave out “child’s” and insert “child and”

Clause 39

LORD LEXDEN

157

Page 31, line 19, at end insert “, and

(d)   in the case of an institution approved by the Secretary of State
under section 41 also obtains its consent”

BARONESS HOWE OF IDLICOTE

LORD LOW OF DALSTON

157A

Page 31, line 22, at end insert—

“( )   there are no reasonable steps the local authority, governing body,
proprietor or principal can take to prevent the unsuitability
identified in paragraph (b) or the incompatibility in paragraph (c),”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

158

Page 31, line 30, after “must” insert “, subject to agreement of the child or young
person concerned and their parents,”

Clause 40

LORD LEXDEN

159

Page 32, line 18, at end insert “, and

(c)   in the case of an institution approved by the Secretary of State
under section 41 also obtains its consent”

Clause 41

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

160

Page 32, line 43, at end insert—

“(d)   an educational institution that can provide alternative educational
provision, including online learning and blended learning for both
pre-16 and post-16 children with special educational needs.”

LORD TOUHIG

161

Page 33, line 13, at end insert—

“(e)   what recourse institutions will have to appeal or review decisions
made by the Secretary of State;

(f)   as to what timetable a list of institutions will be adjusted, published
and reviewed;

(g)   what relation an approved list of institutions has with regulations
governing local offers.”

Clause 42

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

162

Page 33, line 18, after “provision” insert “and social care provision”

163

Page 33, line 19, at end insert—

“(2A)    If the plan specifies social care provision, the responsible local authority
must secure the specified social care provision for the child or young
person.”

LORD LOW OF DALSTON

BARONESS SHARP OF GUILDFORD

LORD RIX

164

Page 33, line 21, at end insert—

“( )   If the plan specifies social care provision, the responsible local authority
must secure the specified social care provision for the child or young
person.”

LORD LUCAS

164A

Page 33, line 26, leave out “suitable”

164B

Page 33, line 26, at end insert “that they deem suitable”

Clause 44

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

LORD LOW OF DALSTON

165

Page 34, line 17, leave out subsection (5)

BARONESS SHARP OF GUILDFORD

166

Page 34, line 19, leave out “have regard to his or her age” and insert “ensure that
he or she will have sufficient time and support in education to make a successful
transfer to adulthood”

BARONESS WALMSLEY

LORD STOREY

BARONESS MASSEY OF DARWEN

167

Page 34, line 20, leave out “of the” and insert “and”

BARONESS HOWE OF IDLICOTE

168

Page 34, line 21, at end insert—

“( )   Following a review or re-assessment, a local authority has to seek
psychological advice from an educational psychologist.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

169

Page 34, line 27, leave out paragraph (b)

Clause 45

BARONESS CUMBERLEGE

LORD PATEL

170

Page 34, line 38, leave out from “authority” to end of line 39 and insert “must
maintain an EHC plan for a child or young person up to their 25th birthday
unless—”

171

Page 35, line 5, after “educational” insert “, health and social care”

BARONESS HOWE OF IDLICOTE

172

Page 35, line 6, at end insert “and provision is not needed to maintain those
outcomes”

BARONESS CUMBERLEGE

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

LORD LOW OF DALSTON

173

Page 35, line 7, leave out subsection (4)

BARONESS SHARP OF GUILDFORD

174

Page 35, line 8, leave out “have regard to his or her age” and insert “ensure that he
or she will have sufficient time and support in education to make a successful
transfer to adulthood”

Clause 46

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

175

Page 35, line 30, at end insert—

“(3)   Where a young person is completing a programme of study, supported
internship or apprenticeship which does not conform to academic years, a
local authority may continue to maintain an EHC plan for that young
person until the end of that programme where this programme has been
commenced by mutual consent of—

(a)   the young person;

(b)   the local authority; and

(c)   any health bodies contributing to support delivered by virtue of the
young person’s EHC plan.”

After Clause 47

LORD TOUHIG

175A

Insert the following new Clause—

“Change of residence

(1)   This section applies where—

(a)   a local authority (the “sending authority”) maintains an education,
health and care plan for a child or young person, and

(b)   another local authority (the “receiving authority”) is notified by the
child’s parent or the young person that they intend to move
residence to the receiving authority’s area.

(2)   Where the sending authority is notified by the child’s parent or the young
person that they intend to move residence it must provide the receiving
authority with a copy of the education, health and care plan.

(3)   The receiving authority must—

(a)   review the child or young person’s education, health and care plan
having regard to the need for continuity of provision, and the
outcomes specified in the plan; and

(b)   provide the child’s parent or the young person with such
information as it considers appropriate.”

Clause 49

BARONESS SHARP OF GUILDFORD

176

Page 36, line 14, leave out “must” and insert “may”

177

Page 36, line 19, at end insert—

“( )   A local authority shall not prepare a personal budget if it accepts
representations from a school, college or other educational institution that
a direct payment should not be made.”

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

178

Page 36, line 29, at end insert “to, including alternative provision for online
learning and blended learning”

BARONESS SHARP OF GUILDFORD

179

Page 36, line 39, at end insert—

“( )   about the criteria the local authority uses for deciding whether or
not to make a personal budget”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

180

Page 37, line 16, at end insert—

“(9)   This section will not have effect until an order is made by the Secretary of
State, subject to affirmative resolution by both Houses of Parliament.

(10)   Before making an order under subsection (9), the Secretary of State must
lay a copy of a report before both Houses of Parliament detailing findings
from the pathfinder authorities established under the Special Educational
Needs (Direct Payments) (Pilot Scheme) Order 2012, including but not
limited to—

(a)   the impact on educational outcomes for children and young people;

(b)   the quality of provision received by children and young people;

(c)   the value for money achieved;

(d)   the impact on services provided for children and young people
without EHC plans, or those for whom direct payments were not
made.

(11)   The Secretary of State may not prepare a report under subsection (10) until
September 2014.

(12)   An order made under subsection (9) may amend this section as the
Secretary of State deems necessary to ensure the effective operation of
personal budgets, having had regard to the finding of the report produced
by virtue of subsection (10).”

Clause 51

LORD STOREY

BARONESS HUGHES OF STRETFORD

LORD LOW OF DALSTON

181

Page 38, line 12, at end insert—

“(g)   the social care provision specified in an EHC plan;

(h)   the healthcare provision specified in an EHC plan”

After Clause 51

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

182

Insert the following new Clause—

“Collection of information

(1)   The Secretary of State must collect information on all cases related to
special educational needs which are considered by the Tribunal Service,
including—

(a)   the local authority involved;

(b)   the cost to the Tribunal Service;

(c)   the amount spent by the local authority on fighting each case;

(d)   the nature of each case; and

(e)   the outcome of each case.

(2)   The Secretary of State must collate and publish information collected in the
exercise of his functions under subsection (1) once a year.

(3)   The following bodies must make arrangements to provide such
information to the Secretary of State as is necessary to enable him to
perform his functions under this section—

(a)   the Tribunal Service;

(b)   local authorities.”

Clause 52

LORD NASH

183

Page 39, line 15, leave out paragraph (b) and insert—

“(b)   the authority must—

(i)   arrange for mediation between it and the parent or young
person,

(ii)   ensure that the mediation is conducted by an independent
person, and

(iii)   participate in the mediation.”

184

Page 39, leave out lines 38 and 39 and insert—

“( )   For the purposes of subsections (6)(b)(ii) and (8), a person who is employed
by a local authority in England is not independent.”

Clause 57

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

185

Page 42, line 34, at end insert “including those institutions that provide alternative
educational provision, especially online learning and blending learning”

Clause 58

BARONESS GREENGROSS

186

Page 42, line 42, after “Wales” insert “, Scotland and Northern Ireland”

Clause 59

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

187

Page 43, line 19, leave out “place in accordance with” and insert “provider of online
learning or blended learning in accordance with the EHC plan that has been
agreed by the parents as being a suitable provider and therefore included in”

188

Page 43, line 33, after “institution” insert “, alternative education provider,
especially those organisations that provide online learning or blended learning”

Clause 62

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

189

Page 44, line 39, at end insert—

“(g)   alternative education providers, including providers of online
learning or blended learning.”

LORD ADDINGTON

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

190

Page 44, line 39, at end insert—

“(g)   apprenticeship training providers.”

LORD RAMSBOTHAM

191

Page 45, line 2, at end insert “as early as possible”

LORD LOW OF DALSTON

LORD TOUHIG

BARONESS SHARP OF GUILDFORD

192

Page 45, line 2, at end insert—

“( )   In using their best endeavours to meet special educational needs, the school
or other institution must provide a graduated response using the School
Action and School Action Plus stages.”

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

193

Page 45, line 7, at end insert—

“(d)   in the case of all types of alternative providers, a member of the
senior management team.”

LORD ADDINGTON

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

194

Page 45, line 7, at end insert—

“(d)   in the case of an apprenticeship training provider the proprietor.”

Clause 63

LORD ADDINGTON

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

195

Page 45, line 15, at end insert—

“( )   The appropriate authority must designate a member of staff who shall be a
qualified teacher and must have undertaken training to include a
mandatory module on special educational needs, including specific
learning difficulties at the school (to be known as the “SEN co-ordinator”)
as having responsibility for co-ordinating the provision for pupils with
special educational needs.”

After Clause 63

LORD ADDINGTON

BARONESS WALMSLEY

196

Insert the following new Clause—

“Teacher training

(1)   This section imposes duties on the appropriate authorities of the following
schools in England—

(a)   mainstream schools;

(b)   maintained nursery schools.

(2)   The appropriate authority must ensure all new teachers have undertaken
in their teacher training a mandatory module on special educational needs,
including specific learning difficulties (SpLDs).

(3)   The “appropriate authority” for a school is—

(a)   in the case of a maintained school or maintained nursery school, the
governing body;

(b)   in the case of an Academy, the proprietor.”

Clause 64

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

197

Page 45, line 30, after “Academy” insert “, alternative provision provider including
those organisations that provide online learning, blended learning”

BARONESS GREENGROSS

198

Page 45, line 30, after “unit” insert “or institutions within the further education
sector”

199

Page 45, line 32, after “school” insert “or institutions within the further education
sector”

200

Page 45, line 35, after “school” insert “or institutions within the further education
sector”

201

Page 45, line 40, at end insert—

“(d)   in the case of institutions in the further education sector, the
governing body or similar”

Clause 65

BARONESS GREENGROSS

202

Page 46, line 2, after “England” insert “or institutions within the further education
sector”

203

Page 46, line 8, after “school” insert “or institutions within the further education
sector”

204

Page 46, line 12, at end insert “or institutions within the further education sector”

205

Page 46, line 15, after “school” insert “or institutions within the further education
sector”

BARONESS HOWE OF IDLICOTE

205A

Page 46, line 19, at end insert—

“( )   the reasonable adjustments that are in place for disabled
persons, as required by section 20 of the Equality Act 2010.”

Clause 67

BARONESS HOWE OF IDLICOTE

205B

Page 47, line 32, after “Part” insert “, and the duties imposed by section 20 of the
Equality Act 2010 (duty to make adjustments for disabled persons),”

LORD LOW OF DALSTON

BARONESS SHARP OF GUILDFORD

206

Page 48, line 4, at end insert “in a plain English style and make it available on the
internet”

Clause 68

LORD LOW OF DALSTON

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

BARONESS SHARP OF GUILDFORD

207

Page 48, line 14, leave out from “consult” to “about” in line 15 and insert “publicly,
for a period of not less than 90 days”

208

Page 48, line 15, leave out “by them” and insert “as part of that consultation”

LORD LOW OF DALSTON

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

209

Page 48, line 16, leave out subsections (3) to (8) and insert—

“(3)   A code, or revision of a code, does not come into operation until the
Secretary of State by order so provides.

(4)   The power conferred by subsection (3) shall be made by statutory
instrument.

(5)   An order bringing a code, or revision of a code, into operation may not be
made unless a draft order has been laid before and approved by a
resolution of each House of Parliament.

(6)   When an order or draft of an order is laid, the code or revision of a code to
which it relates must also be laid.

(7)   No order or draft of an order may be laid until the consultation required by
subsection (2) has taken place.”

LORD NASH

210

Page 48, line 19, leave out subsections (4) and (5) and insert—

“(4)   The Secretary of State may not take any further steps in relation to—

(a)   a proposed code unless the draft is approved by a resolution of each
House, or

(b)   a proposed revised code if, within the 40-day period, either House
resolves not to approve the draft.

(5)   Subsection (5A) applies if—

(a)   both Houses resolve to approve the draft, as mentioned in
subsection (4)(a), or

(b)   neither House resolves not to approve the draft, as mentioned in
subsection (4)(b).

(5A)   The Secretary of State must issue the code or revised code in the form of the
draft, and it comes into force on such date as the Secretary of State may by
order appoint.”

211

Page 48, line 27, leave out “proposed code (or”

After Clause 68

LORD ADDINGTON

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

212

Insert the following new Clause—

“Screening for specific learning difficulties

After section 562E(2) of the Education Act 1996 (literacy and numeracy
assessments) insert—

“(2A)    The host authority must make arrangements to ensure that a
detained person undertakes a screening test for dyslexia as soon as
reasonably practicable.””

After Clause 69

LORD RAMSBOTHAM

213

Insert the following new Clause—

“Maintaining an EHC plan for detained young persons

After section 562C(2) of the Apprenticeships, Skills, Children and Learning
Act 2009, insert—

“(3)   The host local authority must make arrangements to secure special
educational provision and health care provision in accordance with
an EHC plan as agreed with the home local authority whilst the
young person is detained in relevant youth accommodation.

(4)   Regulations may make provision about maintaining an EHC plan
for a detained young person, in particular—

(a)   how the host and home local authority determine the
provisions of the EHC plan to be maintained whilst the
young person is detained;

(b)   about circumstances in which a host local authority must or
may review an EHC plan or secure a re-assessment whilst
the young person is detained;

(c)   how the provisions of the EHC plan which the host and
home local authority maintain are communicated to the
young person and parent.””

Clause 70

LORD STOREY

BARONESS HOWARTH OF BRECKLAND

214

Leave out Clause 70 and insert the following new Clause—

“Detained children and young people

(1)   This section applies where a local authority maintains an EHC plan for a
child or young person who is subsequently detained in pursuance of—

(a)   an order made by a court, or

(b)   an order of recall made by the Secretary of State.

(2)   While a child is detained, the home local authority must—

(a)   maintain the EHC plan, or

(b)   ensure that the specified special education provision are met for
that child in accordance with the EHC plan.

(3)   The governing body of a custodial facilities must—

(a)   provide information about its special educational provision for
inclusion in the local offer provided by the local authority under
section 30, and

(b)   co-operate with the child or young person’s local authority to
ensure that their specific special educational provision is secured.”

LORD RAMSBOTHAM

LORD STOREY

BARONESS JONES OF WHITCHURCH

BARONESS HUGHES OF STRETFORD

 

The above-named Lords give notice of their intention to oppose the Question that Clause 70
stand part of the Bill
.

After Clause 72

BARONESS BRINTON

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

215

Insert the following new Clause—

“Inspection and review of local authorities in England

In section 136 of the Education and Inspections Act 2006 (inspection of local
authorities in England), after subsection (4) insert—

“(5)   The Chief Inspector must inspect the performance by an authority
in delivering and commissioning specialist support services for
children with special educational needs.””

BARONESS HOWE OF IDLICOTE

216

Insert the following new Clause—

“Duty to secure sufficient communication support for parents with children
with a hearing loss

(1)   An authority must secure that the provision of courses for the purpose of
learning how to communicate with a child with a hearing loss, including
the provision of sign language courses, (whether or not by them) is
sufficient to meet the requirements of parents of children for the hearing
loss in their area.

(2)   In determining for the purposes of subsection (1) whether the provision of
courses is sufficient to meet those requirements, a local authority must
have regards to—

(a)   the cost of such courses;

(b)   the scheduling of such courses; and

(c)   the relevance of the contact of such courses to parents with
children.”

Before Schedule 3

BARONESS BRINTON

BARONESS HOWE OF IDLICOTE

BARONESS MASSEY OF DARWEN

217

Insert the following new Schedule—

“SCHEDULE

SPECIAL EDUCATIONAL NEEDS OF SEVERELY BULLIED CHILDREN

1      In this Schedule, children have a learning difficulty if they—

(a)   have a significantly greater difficulty in learning than the
majority of children of the same age;

(b)   have a disability which prevents or hinders them from making
use of educational facilities of a kind generally provided for
children of the same age in schools within the area of the local
authority; or

(c)   are under compulsory school age and fall within the definition in
paragraph (a) or (b) or would do so if special educational
provision was not made for them.

2 The Secretary of State must produce an anti-bullying strategy (and
consequential codes of practice and statutory guidelines) for educational
establishments on ways of preventing and protecting children from
bullying and ensuring effective recovery programmes to counter the
consequences of severe bullying.

3    (1)   It shall be the duty of the headteacher of the establishment that the child
or young person attends to ensure that a full risk assessment is carried
out locally in respect of any child or young person who is referred on the
grounds that they are being severely bullied directly or indirectly at a
school or in the community.

(2)   In conducting the assessment, the person assessing shall take into
account the impact, frequency and the intensity of the bullying on the
child or young person.

(3)   In assessing the needs of children or young persons in respect of severe
bullying, the welfare and recovery of the child or young person must be
paramount.

4 The Secretary of State shall have responsibility for ensuring that a multi-
agency action plan is prepared by the relevant local authority and a case
conference in conjunction with safeguarding agencies is convened in
respect of any child or young person who is the subject of severe
bullying.

5 Children who are severely bullied are eligible for a temporary statement
of special education needs, and the criteria for a temporary statement
include but are not limited to—

(a)   school attendance at zero, or close to zero, for three months,
including not attending and refusing to attend;

(b)   the child wanting to be in school or be educated or have friends
but being too frightened to attend school;

(c)   written evidence of occurrences or complaints of bullying,
ostracism, or unresolved incidents;

(d)   advice from a general practitioner; or

(e)   intervention by a child psychologist.

6 Indicators to measure improvement, demonstrating that the temporary
statement can be drawn to a conclusion include but are not limited to—

(a)   improved attendance at an alternative or at specialist provision
for such children and a willingness to return to mainstream
school;

(b)   a level of ability to study and concentrate at an alternative or at
specialist provision for such children, and a willingness to return
to mainstream school;

(c)   motivation to learn at an alternative or at specialist provision for
such children and a willingness to return to mainstream school;

(d)   improvement in a child or young person’s self-esteem at an
alternative or at specialist provision for such children and a
willingness to return to mainstream school; or

(e)   advice from the full range of professionals working with the
child.

7 The Secretary of State must ensure that measures are put in place to
enable strategic authorities to implement agreed action plans in respect
of any child or young person who is being bullied.

8 If a severely bullied child or young person is unable to go to school
because of bullying, alternative full time provision should be made
available as soon as possible to prevent disruption to their education.

9 In paragraph 7, “strategic authorities” may include central government,
local authorities, educational establishments, social media providers,
health service trusts and children’s services.

10    (1)   The Department for Education, schools, and other relevant authorities
(collectively the “authorities”) must keep a record of instances of severe
bullying directly or indirectly in respect of any child or young person.

(2)   The authorities must inform child safeguarding agencies and any other
child protection bodies of any concerns about the nature of an individual
child or young person who is being bullied.

11    (1)   The Secretary of State must measure the impact of the implementation of
any action plan in respect of any young person or child.

(2)   Impact may include attendance at school, level and ability of the child or
young person to concentrate, their achievement of learning targets and
the wellbeing of that child or young person.

12    (1)   The Secretary of State must ensure that all relevant teachers, staff and
volunteers receive core training on the consequences and causes of
bullying and on prevention strategies.

(2)   Relevant teachers, staff and volunteers will be expected to teach pupils
at appropriate times about bullying and its consequences.

(3)   Relevant teachers, staff and volunteers will be expected to work with all
children, including the bullies, to address their behaviour.

13    (1)   Local authorities must provide family support and interventions in
respect of any child or young person who is assessed as being severely
bullied or who is engaged in perpetrating severe bullying behaviour.

(2)   A family must consent to any such intervention.

14 The Secretary of State must ensure that all headteachers and school
governors provide a safe learning environment for children at school
such that they are free from harm, humiliation, intimidation, bullying or
harassment.

15 The Secretary of State must commission research into the effectiveness of
anti-bullying strategies and produce guidelines on best practice.

16 The Secretary of State must regulate and validate or otherwise any
supplier of external training to schools on anti-bullying practice and
strategy.

17 The Secretary of State must agree a code of conduct with social media
providers in respect of severe bullying of children and young persons to
minimise the use of texts, e-mails, online social media sites, and other
technology which could contribute to severe bullying.”

Clause 73

THE COUNTESS OF MAR

BARONESS MASHAM OF ILTON

BARONESS MASSEY OF DARWEN

218

Page 50, line 40, at end insert—

“alternative education provision” means—

(a)   education arranged by local authorities for pupils who,
because of exclusion, illness or other reasons, would not
otherwise receive suitable education;

(b)   education arranged by schools for pupils on a fixed-period
exclusion; and

(c)   pupils being directed by schools to off-site provision to
improve behaviour;

“alternative education provider” is an organisation that provides
education for those pupils who, because of exclusion, illness or
other reasons would not otherwise receive a suitable education;

“online learning” means the use of electronic media and information
and communication technologies in education, including
multimedia learning, technology-enhanced learning, computer-
based instruction, computer-based training, computer-based
assisted instruction, internet-based training, web-based training,
online education, virtual education and virtual learning
environments and learning platforms;

“blended learning” means a formal education programme in which a
student learns at least in part through online delivery of content
and instruction as well as attending a “bricks and mortar” school
structure.”

LORD LUCAS

218A

Page 51, line 6, at end insert—

“( )   A reference in this Part to a duty or a right to publish anything implies a
requirement that the publication be, inter alia, on the website of the
relevant organisation in machine-readable form.”

After Clause 73

BARONESS HOWE OF IDLICOTE

BARONESS WILKINS

LORD LOW OF DALSTON

219

Insert the following new Clause—

“Inclusive and accessible education, health and social care provision

(1)   In exercising a function under Part 3, a local authority and NHS bodies in
England must promote and secure inclusive and accessible education,
health and social care provision to support children, young people and
their families.

(2)   Regulations will set out requirements on an authority and its partner NHS
commissioning bodies to promote and secure inclusive and accessible
education, health and social care provision in its local area, in particular
through—

(a)   the planning;

(b)   the design;

(c)   the commissioning or funding;

(d)   the delivery; and

(e)   the evaluation,

of such services.”

LORD STOREY

BARONESS HOWARTH OF BRECKLAND

BARONESS BENJAMIN

220

Insert the following new Clause—

“PART 3A

CHILDREN WITH SPECIFIED MEDICAL CONDITIONS

Children with medical needs

(1)   The section imposes duties on the appropriate authorities of the following
schools in England—

(a)   mainstream schools;

(b)   maintained nursery schools, and

(c)   pupil referral units.

(2)   The appropriate authority must produce an individual healthcare plan for
each child with a specified medical condition which sets out the needs of
the child arising from that condition and the support to be provided to
manage the condition.

(3)   The appropriate authority must produce and implement a policy
determining how they plan to deliver the individual healthcare plans of
children under their responsibility.

(4)   The policy set out under subsection (3) must include provision about—

(a)   the means by which records of the specified health conditions of
children at the school are to be recorded and maintained, and

(b)   securing appropriate training for school staff to support the
implementation of individual healthcare plans.

(5)   In preparing an individual healthcare plan, the appropriate authority must
consult the parents of the child concerned and, where appropriate, the
child about the contents of the plan.”

221

Insert the following new Clause—

“Children with medical needs: duty on other bodies

(1)   There shall be a duty on NHS bodies to co-operate with the authorities
referred to in section (Children with medical needs) in the preparation of an
individual healthcare plan under that section.

(2)   Local authorities and clinical commissioning groups must co-operate with
the authorities defined in section (Children with medical needs)(1) in fulfilling
their functions under this Part.

(3)   For the purposes of this section “NHS bodies” has the same meaning as in
the Health and Social Care Act 2012.”

222

Insert the following new Clause—

“Definition of “specified health conditions”

(1)   The Secretary of State may by regulations define “specified health
condition” for the purposes of this Part.

(2)   A statutory instrument containing regulations under subsection (1) is not
to be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.”

LORD KENNEDY OF SOUTHWARK

BARONESS HOWE OF IDLICOTE

BARONESS HUGHES OF STRETFORD

LORD PATEL

223

Insert the following new Clause—

“Children and young people in mainstream schools with specified health
conditions without special educational needs

(1)   The governing body of a mainstream school has a duty to produce and
implement a medical conditions policy that defines how it plans to support
the needs of children with specified health conditions.

(2)   The medical conditions policy must include provision about—

(a)   the means by which records of the specified health conditions of
children at the school are to be recorded and maintained; and

(b)   the preparation of an individual healthcare plan for each child with
a specified health condition which sets out the needs of that child
arising from that condition.

(3)   The medical conditions policy must include requirements relating to the
provision of appropriate training for school staff to support the
implementation of individual healthcare plans.

(4)   In preparing an individual healthcare plan the governing body must—

(a)   consult the parents of the child concerned and, where appropriate,
the child about the contents of the plan; and

(b)   there shall be a duty on NHS bodies to co-operate with the
governing body in its preparation and implementation of
individual healthcare plans.

(5)   Local authorities and clinical commissioning groups must co-operate with
governing bodies in fulfilling their functions under this Act.

(6)   The Secretary of State may by regulations define “specified health
conditions” for the purposes of this section.

(7)   For the purposes of this section “NHS bodies” has the same meaning as in
the Health and Social Care Act 2012.”

LORD STOREY

BARONESS TYLER OF ENFIELD

BARONESS JONES OF WHITCHURCH

BARONESS HUGHES OF STRETFORD

224

Insert the following new Clause—

“PART 3B

YOUNG CARERS

Duty on local authorities

(1)   Where it appears to a local authority that a child within their area may
provide or be about to provide care to an adult or a child who is disabled,
the authority must—

(a)   assess whether the child has needs for support relating to their
caring role (or is likely to have such needs in the future), and

(b)   if the child is found to have such needs, set out what those needs are
(or are likely to be in the future).

(2)   Having carried out an assessment under subsection (1), the authority must
meet those needs for support which it considers to be necessary to meet in
order to safeguard and promote the child’s welfare.

(3)   Having carried out an assessment under subsection (1), a local authority
must also consider whether the adult is or may be eligible for assessment
under the Care Act 2013, and if so must ensure such an assessment is
carried out unless that adult objects.

(4)   Having carried out an assessment under subsection (1), a local authority
must consider whether, in the case of a child who is caring for a disabled
child, the child being cared for requires an assessment under the Children
Act 1989 and if so shall carry out that assessment unless the person with
parental responsibility for that child objects.

(5)   The Secretary of State shall issue guidance in relation to the duties set out
in subsections (1) to (4).

(6)   The Secretary of State shall only issue guidance under subsection (5) after
having first consulted persons whom the Secretary of State considers to be
appropriate.

(7)   Any service provided by an authority in exercise of their functions under
this section may also be provided for the family or for any member of the
child’s family, and may include—

(a)   services to the adult the child is providing care for to meet the
adult’s needs for care and support; and

(b)   services to the adult to enhance their parenting capacity.

(8)   An authority must provide services under subsection (7) if the authority
considers that this is in the best interests of safeguarding or promoting the
child’s welfare.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

225

Insert the following new Clause—

“Duty to ensure sufficient support

(1)   It shall be the general duty of every local authority to take steps to ensure
that, so far as reasonably practicable, a range and level of services are
provided sufficient to improve the wellbeing of young carers who are
ordinarily resident in their area.

(2)   The reference in subsection (1) to services may include those provided by
institutions referred to elsewhere in this Act, as well as to those provided
on a regular basis by charitable and voluntary organisations.

(3)   In discharging its duty under subsection (1), a local authority must have
regard to—

(a)   data gathered by other agencies in exercising their duties under
sections (Health bodies: duties with respect to young carers), (Schools:
duties with respect to young carers
) and (Further and higher education
institutions: duties with respect to student carers
);

(b)   any guidance given from time to time by the Secretary of State.”

226

Insert the following new Clause—

“Duty to assess social care provision for young carers

(1)   In determining for the purposes of section (Duty to ensure sufficient support)
whether the provision of social care support is sufficient to meet the needs
of young carers, a local authority must—

(a)   undertake an assessment of social care needs of disabled people
and young carers in their area;

(b)   undertake an assessment of the sufficiency of the supply of social
care services for disabled people and young carers in their area;

(c)   publish a strategy setting out the steps to ensuring sufficiency of
supply of social care services for disabled people and young carers
in their area;

(d)   have regard to any guidance given from time to time by the
Secretary of State; and

(e)   any further requirements the Secretary of State deems necessary.

(2)   In relation to subsection (1)(a) and (b), the Secretary of State may by
regulations define the assessments of social care needs and sufficiency of
supply of social care services.”

227

Insert the following new Clause—

“Health bodies: duties with respect to young carers

(1)   In exercising their general functions health bodies must—

(a)   promote and safeguard the wellbeing of young carers;

(b)   ensure that effective procedures exist to identify patients who are or
are about to become carers;

(c)   ensure that effective procedures exist to identify patients who it
may be reasonably assumed may be receiving care from a child or
young person for whom they are responsible;

(d)   ensure that appropriate systems exist to ensure that carers receive
appropriate information and advice; and

(e)   ensure that systems are in place to ensure that the relevant general
medical services are rendered to their patients who are young
carers, or to the young carers of their patients.

(2)   In relation to subsection (1)(b), (c) and (d), the Secretary of State may by
regulations further provide for the strategies to be developed.”

228

Insert the following new Clause—

“Schools: duties with respect to young carers

(1)   The appropriate authorities of schools must ensure that, within 12 months
of the passing of this Act, they take all reasonable steps to ensure that there
is in place a policy which—

(a)   identifies young carers within the school; and

(b)   makes arrangements for the provision within school of appropriate
support to promote the wellbeing and improve the educational
attainment of pupils who are young carers.

(2)   In discharging its duty under subsection (1), where appropriate the
authority must—

(a)   consult the family of the child or young person identified, or the
young person themselves;

(b)   involve the local authority in which the identified pupil is
ordinarily resident;

(c)   refer the identified pupil to additional services outside the school;

(d)   have regard to any guidance given from time to time by the
Secretary of State.

(3)   The “appropriate authority” for a school is—

(a)   in the case of a maintained school, the governing body;

(b)   in the case of an Academy, the proprietor;

(c)   in the case of a pupil referral unit, the management committee.”

229

Insert the following new Clause—

“Further and higher educational institutions: duties with respect to student
carers

(1)   The responsible body of an institution to which this section applies must,
within 12 months of the passing of this Act, identify or make arrangements
to identify student carers and have a policy in place on promoting the
wellbeing of student carers.

(2)   This section applies to—

(a)   a university;

(b)   any other institution within the higher education sector;

(c)   an institution within the further education sector.

(3)   A responsible body is—

(a)   in the case of an institution in subsection (2)(a) or (b), the governing
body;

(b)   in the case of a college of further education under the management
of a board of management, the board of management;

(c)   in the case of any other college of further education, any board of
governors of the college or any person responsible for the
management of the college, whether or not formally constituted as
a governing body or board of governors.

(4)   In discharging its duty under subsection (1), where appropriate the
authority must—

(a)   consult with the family of the child or young person identified, or
the young person themselves;

(b)   involve the local authority in which the identified pupil is
ordinarily resident;

(c)   refer the identified student to additional services outside of the
institution; and

(d)   have regard to any guidance given from time to time by the
Secretary of State.”

230

Insert the following new Clause—

“Interpretation

In this Part—

“carer” has the same meaning as in section 1 of the Carers
(Recognition and Services) Act 1995;

“young carer” means a person under 18 years of age who carries out
caring tasks and assumes a level of responsibility for another
person which would normally be carried out by an adult;

“student carer” means a person enrolled with an institution in the
further or higher education sector who carries out caring tasks and
assumes a level of responsibility for another person with a
disability;

“wellbeing” means the state of young carers so far as relating to—

(a)   physical and mental health and emotional wellbeing;

(b)   control by them over their day-to-day lives;

(c)   participation in education, training or recreation;

(d)   social and economic well-being;

(e)   domestic, family and personal relationships;

(f)   the contribution made by them to society.

“children’s services” means services that could be provided under
section 17(1) of the Children Act 1989;

“community care services” has the same meaning as in section 46(3) of
the National Health Service and Community Care Act 1990;

“disability” has the same meaning as in section 6 of the Equality Act
2010;

“general medical services” has the same meaning as in the National
Health Service Act 2006;

“health bodies” includes—

(a)   “clinical commissioning groups”, which has the same
meaning as in section 1I of the National Health Service Act
2006;

(b)   “foundation trusts”, which has the same meaning as in
section 30 of the National Health Service Act 2006;

(c)   “NHS trusts”, which have the same meaning as in section 25
of the National Health Service Act 2006; and

(d)   “the NHS Commissioning Board”, which has the same
meaning as in section 1H of the National Health Service Act
2006;

“higher education” and “further education” have the same meanings
as in section 94 of the Equality Act 2010;

“local authority” means a county council, district council, London
borough council, the Greater London Authority or the Common
Council of the City of London;

“social care services” means any support that could be provided by a
local authority in discharge of its functions under the Local
Authority Social Services Act 1970 or pursuant to its powers under
section 2 of the Local Government Act 2000.”

BARONESS MASSEY OF DARWEN

231

Insert the following new Clause—

“Personal and social education

After section 78 of the Education Act 2002 insert—

“78A          Duty of schools to promote spiritual, cultural, mental and physical
development of children

(1)   All schools shall make explicit to parents, school governors and
pupils how they deliver—

(a)   school policies which contribute to the health and well
being of pupils;

(b)   pastoral care focused on the safety and well being of pupils
and which, where appropriate, works in conjunction with
support systems from agencies outside the school;

(c)   a school ethos which fosters respect for self and others;

(d)   a school curriculum from which pupils gain the information
and skills to support their academic, emotional, moral,
physical and cultural well being and which prepares them
for adult life; and

(e)   the school’s commitment to democratic principles and good
citizenship.

(2)   The above shall be delivered as appropriate to the age, readiness
and needs of pupils in the school.””

BARONESS JONES OF WHITCHURCH

BARONESS HUGHES OF STRETFORD

232

Insert the following new Clause—

“Personal, social and health education in maintained schools

(1)   In section 84(3) of the Education Act 2002 (curriculum foundation subjects
for the first, second and third key stages), after paragraph (g) there is
inserted—

“(ga)   personal, social and health education”.

(2)   In section 85(4) of the Education Act 2002 (curriculum foundation subjects
for the fourth key stage), at the end there is inserted “, and

(d)   personal, social and health education”.

(3)   In section 74(1) of the Education and Inspections Act 2006, which (when
brought into force) will substitute a new section 85 in the Education Act
2002, in subsection (4) of that substituted section (foundation subjects for
the fourth key stage), at the end there is inserted “, and

(d)   personal, social and health education.”

(4)   Before section 86 of the Education Act 2002 there is inserted—

“85B          Personal, social and health education

(1)   For the purposes of this Part, personal, social and health education
(“PSHE”) shall include sex and relationship education, including
information about same-sex relationships, sexual violence,
domestic violence and sexual consent.

(2)   The National Curriculum for England is not required to specify
attainment targets or assessment arrangements for PSHE (and
section 84(1) has effect accordingly).

(3)   The Secretary of State for Education shall set out guidance to
schools and colleges to ensure that a coherent approach to personal,
social, health and economic education is developed, including
between primary and secondary schools.

(4)   It is the duty of the governing body and head teacher of any school
in which PSHE is provided in pursuance of this Part to secure that
guidance issued under subsection (3) is followed and that—

(a)   information presented in the course of providing PSHE
should be accurate and balanced;

(b)   PSHE is taught in a way that is appropriate to the ages of the
pupils concerned and to their religious and cultural
backgrounds, and reflects a reasonable range of religious,
cultural and other perspectives;

(c)   PSHE is taught in a way that endeavours to promote
equality, celebrate diversity, and emphasise the importance
of both rights and responsibilities.

(5)   In the exercise of their functions under this Part so far as relating to
PSHE, a local authority, governing body or head teacher shall have
regard to any guidance issued from time to time by the Secretary of
State.”

(5)   Section 403 of the Education Act 1996 (sex education: manner of provision)
is amended as set out in subsections (6) to (9).

(6)   In subsection (1), for the words from the beginning to “at a maintained
school” there is substituted “The governing body or other proprietor of any
school to which this section applies, and its head teacher, must take such
steps as are reasonably practicable to ensure that sex and relationships
education is given to registered pupils at the school and that”.

(7)   After that subsection there is inserted—

“(1ZA)   The schools to which this section applies are—

(a)   maintained schools;

(b)   city technology colleges;

(c)   city colleges for the technology of the arts;

(d)   Academies.

A reference in this section or section 404 to the governing body of a
school, in relation to a school within paragraph (b), (c) or (d), shall
be read as a reference to the proprietor of the school.”

(8)   In subsection (1A)—

(a)   for “when sex education is given to registered pupils at maintained
schools” there is substituted “when sex and relationships education
is given to registered pupils at schools to which this section
applies”;

(b)   in paragraph (a), after “, and” there is inserted “learn the nature of
civil partnership and the importance of strong and stable
relationships.”;

(c)   paragraph (b) is omitted.

(9)   In subsection (1C), for “sex education” there is substituted “sex and
relationships education”.

(10)   In section 579 of the Education Act 1996 (general interpretation), in the
definition of “sex education” in subsection (1)—

(a)   for “sex education” there is substituted “sex and relationships
education”;

(b)   at the end there is inserted “but does not include education about
human reproduction provided as part of any science teaching;”.

(11)   For section 405 of the Education Act 1996 there is substituted—

“405 Exemption from sex and relationships education

(1)   If a pupil of sufficient maturity in attendance at a school to which
section 403 applies requests to be wholly or partly excused from
receiving sex and relationships education at the school, the pupil
shall be so excused accordingly until the request is withdrawn.

(2)   The Secretary of State must in regulations define “sufficient
maturity”.

(3)   A statutory instrument containing regulations under subsection (2)
may not be made unless a draft of the instrument has been laid
before and approved by a resolution of each House of Parliament.

(4)   The Secretary of State must lay draft regulations before Parliament
before the end of the period of 3 months beginning with the day on
which this Act is passed.””

233

Insert the following new Clause—

“Sex and relationship education guidance

(1)   The Secretary of State will, within six months of this Act coming into force,
establish a working group to review and update the sex and relationship
education guidance for schools.

(2)   The working group established under subsection (1) will include young
people, teachers, professionals and online experts.

(3)   In performing its functions under subsection (1), the working group will
have particular regard to the need for the guidance to make reference to—

(a)   the role of the internet, social media and mobile technology in sex
and relationship education;

(b)   online bullying and harassment.”

THE EARL OF LISTOWEL

BARONESS NEUBERGER

THE LORD BISHOP OF LEICESTER

BARONESS BUTLER-SLOSS

234

Insert the following new Clause—

“Welfare of children: asylum seekers

(1)   Schedule 3 to the Nationality, Immigration and Asylum Act 2002
(withholding and withdrawal of support) is amended as follows.

(2)   In paragraph 6(1), after “person” insert “who entered the United Kingdom
as an adult”.

(3)   In paragraph 7, after “person” insert “who entered the United Kingdom as
an adult”.”

Before Clause 74

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

235

Insert the following new Clause—

“Staff to child ratios: Ofsted-registered childminder settings

(1)   This section applies to Ofsted-registered childminder settings.

(2)   The ratio of staff to children under the age of eight must be no less than one
to six, where—

(a)   a maximum of three children may be young children;

(b)   a maximum of one child is under the age of one.

(3)   Any care provided by childminders for older children must not adversely
affect the care of children receiving early years provision.

(4)   If a childminder can demonstrate to parents, carers and inspectors, that the
individual needs of all the children are being met, then in addition to the
ratio set out in subsection (2), they may also care for—

(a)   babies who are siblings of the children referred to in subsection (2),
or

(b)   their own baby.

(5)   If children aged between four and five years only attend the childminding
setting outside of normal school hours or the normal school term time, they
may be cared for at the same time as three other young children, provided
that at no time does the ratio of staff to children under the age of eight
exceed one to six.

(6)   If a childminder employs an assistant or works with another childminder,
each childminder or assistant may care for the number of children
permitted by the ratios specified in subsections (2), (4) and (5).

(7)   Children may only be left in the sole care of a childminder’s assistant for
two hours in a single day.

(8)   Childminders must obtain the permission of a child’s parents or carers
before that child can be left in the sole care of a childminder’s assistant.

(9)   The ratios in subsections (2), (4) and (5) apply to childminders providing
overnight care, provided that the children are continuously monitored,
which may be through the use of electronic equipment.

(10)   For the purposes of this section a child is—

(a)   a “young child” up until 1 September following his or her fifth
birthday;

(b)   an “older child” after the 1 September following his or her fifth
birthday.”

236

Insert the following new Clause—

“Staff to child ratios: Ofsted-registered non-domestic childminder

(1)   This section applies to Ofsted-registered, non-domestic childcare settings.

(2)   For children aged under two—

(a)   the ratio of staff to children must be no less than one to three;

(b)   at least one member of staff must hold a full and relevant level 3
qualification, and must be suitably experienced in working with
children under two;

(c)   at least half of all other members of staff must hold a full and
relevant level 2 qualification;

(d)   at least half of all members of staff must have received training in
care for babies; and

(e)   where there is a dedicated area solely for children under two years
old, the member of staff in charge of that area must, in the
judgement of their employer, have suitable experience of working
with children under two years old.

(3)   For children between the ages of two and three—

(a)   the ratio of staff to children must be no less than one to four;

(b)   at least one member of staff must hold a full and relevant level 3
qualification; and

(c)   at least half of all other members of staff must hold a full and
relevant level 2 qualification.

(4)   Where there is registered early years provision, which operates between 8
am and 4 pm, and a member of staff with Qualified Teacher Status, Early
Years Professional Status or other full and relevant level 6 qualification is
working directly with the children, for children aged three and over—

(a)   the ratio of staff to children must be no less than one to 13; and

(b)   at least one other member of staff must hold a full and relevant level
3 qualification.

(5)   Where there is registered early years provision, which operates outside the
hours of 8 am and 4 pm, and between the hours of 8 am and 4 pm where a
member of staff with Qualified Teacher Status, Early Years Professional
Status or other full and relevant level 6 qualification is not working directly
with the children, for children aged three and over—

(a)   the ratio of staff to children must be no less than one to eight;

(b)   at least one member of staff must hold a full and relevant level 3
qualification; and

(c)   at least half of all other staff must hold a full and relevant level 2
qualification.

(6)   In independent schools where—

(a)   a member of staff with Qualified Teacher Status, Early Years
Professional Status or other full and relevant level 6 qualification;

(b)   an instructor; or

(c)   a suitably qualified overseas-trained teacher is working directly
with the children, for children aged three and over—

(i)   for classes where the majority of children will reach the age
of five or older within the school year, the ratio of staff to
children must be no less than one to 30;

(ii)   for all other classes the ratio of staff to children must be no
less than one to 13; and

(iii)   at least one other member of staff must hold a full and
relevant level 3 qualification.

(7)   In independent schools where there is—

(a)   no member of staff with Qualified Teacher Status, Early Years
Professional Status or other full and relevant level 6 qualification;

(b)   no instructor; or

(c)   no suitably qualified overseas-trained teacher, working directly
with the children, for children aged three and over—

(i)   the ratio of staff to children must be no less than one to eight;

(ii)   at least one member of staff must hold a full and relevant
level 3 qualification; and

(iii)   at least half of all other members of staff must hold a full and
relevant level 2 qualification.

(8)   In maintained nursery schools and nursery classes in maintained schools
(except reception classes)—

(a)   the ratio of staff to children must be no less than one to 13;

(b)   at least one member of staff must be a school teacher as defined by
section 122(3) (power to prescribe pay and conditions) of the
Education Act 2002 and Schedule 2 to the Education (School
Teachers’ Qualifications) (England) Regulations 2003; and

(c)   at least one other member of staff must hold a full and relevant level
3 qualification.

(9)   The Secretary of State may make provision in statutory guidance to—

(a)   define qualifications as “full and relevant”; and

(b)   define “suitable experience” for those working with children under
two.

(10)   If HM Chief Inspector of Education is concerned about the quality of
provision or the safety and wellbeing of children in a setting he may
impose different ratios.”

Clause 74

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

237

Page 51, line 10, at beginning insert “If, after a consultation period of not less than
three months, and the publication of a response to the consultation, the Secretary
of State is satisfied with the provisions, he may make an order so that”

BARONESS WALMSLEY

BARONESS TYLER OF ENFIELD

 


The above-named Lords give notice of their intention to oppose the Question that Clause 74
stand part of the Bill.

After Clause 74

LORD RAMSBOTHAM

238

Insert the following new Clause—

“Childminder agencies special educational provision function

(1)   Registered childminder agencies must designate a member of staff (to be
known as the SEN co-ordinator) as having responsibility for co-ordinating
special educational provision for a child in the care of childcare providers
registered with those agencies.

(2)   Special educational provision for children in the care of childcare providers
registered with childminder agencies will be subject to the duties imposed
under Part 3.

(3)   Regulations may—

(a)   require registered childminder agencies which are subject to this
duty to ensure that SEN co-ordinators have prescribed
qualifications or prescribed experience (or both);

(b)   prescribe the steps taken by SEN co-ordinators in respect of how
they manage special educational provision for children in the care
of childcare providers registered with childminder agencies;

(c)   confer guidance relating to how SEN co-ordinators promote the
early identification of children with special educational needs in the
care of childcare providers registered with childminder agencies.

(4)   In discharging their duties under this section, a registered childminder
agency must have regard to any guidance given from time to time by the
Secretary of State.

(5)   In this section—

“SEN co-ordinator” has the same meaning as in Part 3;

“special education provision” has the same meaning as in Part 3.”

Schedule 4

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

239

Page 164, line 15, after “agency” insert “, or any individual childminder registered
at the agency,”

240

Page 164, line 29, at end insert—

“( )   The Chief Inspector must at such intervals as may be prescribed
inspect all early years provision registered with an early years
childminder agency.”

Clause 75

BARONESS WALMSLEY

BARONESS TYLER OF ENFIELD

 


The above-named Lords give notice of their intention to oppose the Question that Clause 75
stand part of the Bill.

Clause 76

BARONESS WALMSLEY

BARONESS TYLER OF ENFIELD

BARONESS JONES OF WHITCHURCH

BARONESS HUGHES OF STRETFORD

 


The above-named Lords give notice of their intention to oppose the Question that Clause 76
stand part of the Bill.

After Clause 78

LORD NASH

241

Insert the following new Clause—

“Young carers

(1)   In Part 3 of the Children Act 1989, after section 17 insert—

“17ZA           Young carers’ needs assessments: England

(1)   A local authority in England must assess whether a young carer
within their area has needs for support and, if so, what those needs
are, if—

(a)   it appears to the authority that the young carer may have
needs for support, or

(b)   the authority receive a request from the young carer or a
parent of the young carer to assess the young carer’s needs
for support.

(2)   An assessment under subsection (1) is referred to in this Part as a
“young carer’s needs assessment”.

(3)   In this Part “young carer” means a person under 18 who provides
or intends to provide care for another person (but this is qualified
by section 17ZB(3)).

(4)   Subsection (1) does not apply in relation to a young carer if the local
authority have previously carried out a care-related assessment of
the young carer in relation to the same person cared for.

(5)   But subsection (1) does apply (and so a young carer’s needs
assessment must be carried out) if it appears to the authority that
the needs or circumstances of the young carer or the person cared
for have changed since the last care-related assessment.

(6)   “Care-related assessment” means—

(a)   a young carer’s needs assessment;

(b)   an assessment under any of the following—

(i)   section 1 of the Carers (Recognition and Services)
Act 1995;

(ii)   section 1 of the Carers and Disabled Children Act
2000;

(iii)   section 4(3) of the Community Care (Delayed
Discharges) Act 2003.

(7)   A young carer’s needs assessment must include an assessment of
whether it is appropriate for the young carer to provide, or continue
to provide, care for the person in question, in the light of the young
carer’s needs for support, other needs and wishes.

(8)   A local authority, in carrying out a young carer’s needs assessment,
must have regard to—

(a)   the extent to which the young carer is participating in or
wishes to participate in education, training or recreation,
and

(b)   the extent to which the young carer works or wishes to
work.

(9)   A local authority, in carrying out a young carer’s needs assessment,
must involve—

(a)   the young carer,

(b)   the young carer’s parents, and

(c)   any person whom the young carer or a parent of the young
carer requests the authority to involve.

(10)   A local authority that have carried out a young carer’s needs
assessment must give a written record of the assessment to—

(a)   the young carer,

(b)   the young carer’s parents, and

(c)   any person to whom the young carer or a parent of the
young carer requests the authority to give a copy.

(11)   Where the person cared for is under 18, the written record must
state whether the local authority consider him or her to be a child in
need.

(12)   A local authority in England must take reasonable steps to identify
the extent to which there are young carers within their area who
have needs for support.

17ZB       Young carers’ needs assessments: supplementary

(1)   This section applies for the purposes of section 17ZA.

(2)   “Parent”, in relation to a young carer, includes—

(a)   a parent of the young carer who does not have parental
responsibility for the young carer, and

(b)   a person who is not a parent of the young carer but who has
parental responsibility for the young carer.

(3)   A person is not a young carer if the person provides or intends to
provide care—

(a)   under or by virtue of a contract, or

(b)   as voluntary work.

(4)   But in a case where the local authority consider that the relationship
between the person cared for and the person under 18 providing or
intending to provide care is such that it would be appropriate for
the person under 18 to be regarded as a young carer, that person is
to be regarded as such (and subsection (3) is therefore to be ignored
in that case).

(5)   The references in section 17ZA and this section to providing care
include a reference to providing practical or emotional support.

(6)   Where a local authority—

(a)   are required to carry out a young carer’s needs assessment,
and

(b)   are required or have decided to carry out some other
assessment of the young carer or of the person cared for;

the local authority may, subject to subsection (7), combine the
assessments.

(7)   A young carer’s needs assessment may be combined with an
assessment of the person cared for only if the young carer and the
person cared for agree.

(8)   The Secretary of State may by regulations make further provision
about carrying out a young carer’s needs assessment; the
regulations may, in particular—

(a)   specify matters to which a local authority is to have regard
in carrying out a young carer’s needs assessment;

(b)   specify matters which a local authority is to determine in
carrying out a young carer’s needs assessment;

(c)   make provision about the manner in which a young carer’s
needs assessment is to be carried out;

(d)   make provision about the form a young carer’s needs
assessment is to take.

(9)   The Secretary of State may by regulations amend the list in section
17ZA(6)(b) so as to—

(a)   add an entry,

(b)   remove an entry, or

(c)   vary an entry.

17ZC       Consideration of young carers’ needs assessments

A local authority that carry out a young carer’s needs assessment
must consider the assessment and decide—

(a)   whether the young carer has needs for support in relation to
the care which he or she provides or intends to provide;

(b)   if so, whether those needs could be satisfied (wholly or
partly) by services which the authority may provide under
section 17; and

(c)   if they could be so satisfied, whether or not to provide any
such services in relation to the young carer.”

(2)   In section 104 of the Children Act 1989 (regulations and orders)—

(a)   in subsections (2) and (3A) (regulations within subsection (3B) or
(3C) not subject to annulment but to be approved in draft) before
“(3B)” insert “(3AA),”, and

(b)   after subsection (3A) insert—

“(3AA)   Regulations fall within this subsection if they are
regulations made in the exercise of the power conferred by
section 17ZB(9).””

THE EARL OF LISTOWEL

BARONESS MASSEY OF DARWEN

BARONESS WALMSLEY

BARONESS TYLER OF ENFIELD

242

Insert the following new Clause—

“PART 4A

CHILDREN’S CENTRES

Birth registration pilot scheme

(none)   Local authorities must establish a pilot scheme to trial the registration of
births within children’s centres, and evaluate the effectiveness of the
scheme to—

(a)   identify and contact new families; and

(b)   enable children’s centres to reach more families, in particular those
with children under the age of two, or who the local authority
consider—

(i)   hard to reach, or

(ii)   vulnerable.”

BARONESS WALMSLEY

BARONESS BRINTON

243

Insert the following new Clause—

“PART 4A

PROTECTION OF CHILDREN

Actions due to a belief of possession by spirits

(1)   Section 1 of the Children and Young Persons Act 1993 (cruelty to persons
under sixteen) is amended as follows.

(2)   In subsection (1) omit the words “and has responsibility for any child or
young person under that age,” and for the word “him” substitute “any
child or young person under that age”.

(3)   In subsection (2), after paragraph (b) insert—

“(c)   in subsection (1) the meaning of “ill-treats” includes the
communication by word or by action a belief that the child
is possessed by evil spirits or has supernatural harmful
powers—

(i)   to the child concerned, or

(ii)   to anyone connected to that child.””

THE EARL OF LISTOWEL

BARONESS MASSEY OF DARWEN

244

Insert the following new Clause—

“Information and data sharing

(1)   NHS trusts shall make arrangements to share with local authorities records
of live births to parents resident in their area, to be used by the local
authority for the purposes of identifying and contacting new families
through children’s centres and any other early years outreach services it
may operate.

(2)   The Secretary of State must, within a period of six months of this Act being
passed, bring forward regulations placing consequential requirements on
trusts and local authorities in exercising their duty under subsection (1),
including, but not limited to—

(a)   the format of arrangements made;

(b)   the safeguarding of information;

(c)   the circumstances in which it would not be appropriate for a trust
to provide information to local authorities;

(d)   the regularity of data transfers;

(e)   timescales within which a local authority must contact new families
made known to it; and

(f)   any further requirements the Secretary of State deems necessary.”

BARONESS MASSEY OF DARWEN

BARONESS HOWE OF IDLICOTE

LORD RAMSBOTHAM

BARONESS BUTLER-SLOSS

245

Insert the following new Clause—

“Independence of the Children’s Commissioner

In Schedule 1 to the Children Act 2004, in paragraph 1 (status) after sub-
paragraph (2) insert—

“(3)   The Secretary of State shall not undermine the Children’s
Commissioner’s independence and shall ensure that the Children’s
Commissioner is under as few constraints as reasonably possible in
determining—

(a)   the Commissioner’s activities,

(b)   the Commissioner’s timetables, and

(c)   the Commissioner’s priorities.””

BARONESS WALMSLEY

LORD STOREY

246

Insert the following new Clause—

“No right to give corporal punishment: part-time educational institutions

In the Education Act 1996, at the end of section 548(7B) (no right to give
corporal punishment), insert “except that it applies in relation to this
section as if for paragraphs (a) and (b) of section 92(2) of that Act there were
substituted the following words “for any amount of time during an
academic year, no matter how little””.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

247

Insert the following new Clause—

“Information on children’s centres

(1)   The Secretary of State must compile and publish information on children’s
centres in England every three months, including—

(a)   the number of registered children’s centres in each local authority
area;

(b)   the annual budget of each children’s centre in each local authority
area;

(c)   the total weekly opening hours of each centre in each local authority
area;

(d)   any changes in the figures for paragraph (a), (b) or (c) since the same
period in the preceding year; and

(e)   any other information he deems useful to compile and publish.

(2)   Local authorities are obliged to provide information requested by the
Secretary of State in pursuance of his duties under subsection (1), in a
format specified by him.

(3)   The Secretary of State must publish information in an accessible format, not
later than three months after the information has been provided by the
local authorities.

(4)   The Secretary of State may charge a prescribed fee for providing
information compiled under this section in paper form.

(5)   The level of fee charged under subsection (4) must not exceed the cost of
production and supply.

(6)   In this section “children’s centre” has the meaning given by section 5A(4)
of the Childcare Act 2006 (arrangements for provision of children’s
centres).”

248

Insert the following new Clause—

“Independent study: registration of births at children’s centres

(1)   The Secretary of State shall commission an independent study of the likely
impact on the welfare of children of requiring births to be registered at
children’s centres.

(2)   The Secretary of State may, by regulations, establish pilot schemes to trial
the registration of births within children’s centres, to inform the
independent study under subsection (1).

(3)   In this section “children’s centre” has the meaning given by section 5A(4)
of the Childcare Act 2006 (arrangements for provision of children’s
centres).”

249

Insert the following new Clause—

“Information sharing about live births

(1)   NHS trusts should make arrangements to share with local authorities
records of live births to parents resident in their area, to be used by the local
authority for the purposes of identifying and contacting new families
through children’s centres and any other early years outreach services it
may operate.

(2)   The Secretary of State must, within a period of six months of the passing of
this Act, bring forward regulations placing consequential requirements on
trusts and local authorities in exercising their duty under subsection (1)
including, but not limited to—

(a)   the format of arrangements made;

(b)   the safeguarding of information;

(c)   the circumstances in which it would not be appropriate for a trust
to provide information to local authorities;

(d)   the regularity of data transfers;

(e)   timescales within which a local authority must contact new families
made known to it; and

(f)   any further requirements the Secretary of State deems necessary.”

Clause 79

BARONESS WALMSLEY

BARONESS MASSEY OF DARWEN

LORD RAMSBOTHAM

250

Page 52, line 16, at end insert—

“( )   raise public awareness of children’s rights by promoting
knowledge of and respect for the rights of children;

( )   initiate and intervene in legal proceedings, including
proceedings under section 7 of the Human Rights Act 1998
where the Children’s Commissioner is not the victim or
potential victim of the unlawful act to which the
proceedings relate;”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

251

Page 52, line 43, leave out from “may” to end of line 44 and insert “only conduct an
investigation of the case of an individual child where he considers it will enable
him to discharge the primary function more effectively”

BARONESS LISTER OF BURTERSETT

LORD LESTER OF HERNE HILL

BARONESS WALMSLEY

252

Page 53, leave out lines 2 to 5 and insert—

“(1)   For the purposes of section 2(1), the rights of children include the
rights in the United Nations Convention on the Rights of the Child.”

Clause 80

LORD TOUHIG

253

Page 54, line 5, at end insert—

“(3)   The Childen’s Commissioner may require a person to whom
representations has been made under subsection (2) to state in
writing, within such period as the Commissioner may reasonably
require, what actions the person has taken or proposes to take in
response to the representations.”

Clause 85

BARONESS WALMSLEY

BARONESS MASSEY OF DARWEN

LORD RAMSBOTHAM

254

Page 55, line 40, at end insert—

“(d)   after paragraph (b) insert—

“(c)   the Children’s Commissioner’s assessment of the
extent to which children in England enjoy—

(i)   the rights in the United Nations Convention
on the Rights of the Child;

(ii)   the rights of children in any other
international treaty ratified by the United
Kingdom; and

(iii)   the rights of children in the law applicable in
England”.”

BARONESS WALMSLEY

LORD RAMSBOTHAM

BARONESS MASSEY OF DARWEN

255

Page 56, line 10, at end insert “and the extent to which the Commissioner has had
due regard to their views”

Clause 86

BARONESS WALMSLEY

BARONESS MASSEY OF DARWEN

LORD RAMSBOTHAM

256

Page 56, line 37, at end insert—

“( )   A child is within this subsection if he or she is detained in
pursuance of—

(a)   an order made by a court, or

(b)   an order of recall made by the Secretary of State.

( )   A child is within this subsection if he or she has been identified by
a professional as a potential victim of trafficking.

( )   A child is within this subsection if he or she is a separated migrant
child.”

Schedule 5

BARONESS MASSEY OF DARWEN

BARONESS HOWE OF IDLICOTE

LORD RAMSBOTHAM

BARONESS BUTLER-SLOSS

257

Page 188, line 9, at end insert—

“(za)   after sub-paragraph (1) insert—

“(1A)    The Secretary of State shall appoint an individual only
if the Secretary of State reasonably considers the
individual—

(a)   has adequate experience and knowledge
relating to children’s rights, including the
involvement of children in decision-making;
and

(b)   is able and willing to act independently of
Government.”,”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

258

Page 188, line 9, at end insert—

“(za)   in sub-paragraph (1), after “Secretary of State” insert “with the
consent of the Education Committee of the House of
Commons”,”

259

Page 188, line 11, at end insert—

“(aa)   after sub-paragraph (2) insert—

“(2A)    In appointing the Children’s Commissioner, the
Secretary of State shall—

(a)   have due regard to the views of—

(i)   any parliamentary committee which
has published a view on the proposed
appointment;

(ii)   children involved in the appointment of
the Children’s Commissioner, and

(iii)   the advice of any selection panel,
established for the purpose of
interviewing candidates, as to their
suitability for appointment;

(b)   appoint an individual only if the Secretary of
State reasonably considers the individual—

(i)   has experience and knowledge relating
to children’s rights;

(ii)   is able and willing to act independently
of government;

(iii)   enjoys the trust and confidence of the
public (including children); and

(iv)   is capable of effectively fulfilling the
Children’s Commissioner’s primary
function.”,”

BARONESS MASSEY OF DARWEN

BARONESS BUTLER-SLOSS

BARONESS WALMSLEY

260

Page 188, line 14, at end insert—

“(d)   after sub-paragraph (7) insert—

  “(8) The Secretary of State shall have due regard to the
views of any parliamentary committee which has
published a view on a proposed appointment or
removal from office of the Children’s Commissioner.””

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

261

Page 188, line 14, at end insert—

“(d)   after sub-paragraph (7) insert—

  “(8) The Secretary of State may only use his power under
sub-paragraph (7) with the consent of the Education
Committee of the House of Commons.””

LORD LESTER OF HERNE HILL

BARONESS HOWE OF IDLICOTE

BARONESS O’LOAN

BARONESS LISTER OF BURTERSETT

262

Page 189, line 9, at end insert—

“( )   In Schedule 1 to the Children Act 2004 (Children’s Commissioner), for
paragraph 7 substitute—

“7 The Secretary of State shall—

(a)   pay to the Children’s Commissioner such sums as are
reasonably sufficient for the purpose of enabling the
Children’s Commissioner to perform his or her
functions, and

(b)   have due regard to the views of any parliamentary
committee which has published a view on the level at
which such sums should be set.””

After Clause 88

BARONESS FINLAY OF LLANDAFF

LORD FAULKNER OF WORCESTER

BARONESS TYLER OF ENFIELD

BARONESS MASSEY OF DARWEN

263

Insert the following new Clause—

“Offence of failing to prevent smoking in a private vehicle when children are
present

(1)   The Health Act 2006 is amended as follows.

(2)   After section 8 insert—

“8A Offence of failing to prevent smoking in a private vehicle when
children are present

(1)   It is the duty of any person who drives a private vehicle to ensure
that that vehicle is smoke-free whenever a child or children under
the age of 18 are in such vehicle or part of such vehicle.

(2)   A person who fails to comply with the duty in subsection (1)
commits an offence.

(3)   A person convicted of an offence under this section who has not
previously been convicted of such an offence shall have the option
of attending a smoke-free driving awareness course in place of
paying a fine under subsection (4).

(4)   A person who does not wish to attend an awareness course or who
has previously been convicted of an offence under this section is
liable on summary conviction to a fine of £60.

(5)   The Secretary of State may introduce regulations to alter the level of
penalty payable under subsection (4).

(6)   The Secretary of State shall update all relevant regulations
regarding the offence created under subsection (2) within six
months of this section coming into force.

(7)   The Secretary of State shall introduce regulations within six months
of this section coming into force to prescribe the format of the
awareness course in subsection (3).”

(3)   In section 79(4)(a), for “or 8(7)” substitute “, 8(7), or 8A(5)”.”

LORD FAULKNER OF WORCESTER

BARONESS TYLER OF ENFIELD

BARONESS FINLAY OF LLANDAFF

LORD MCCOLL OF DULWICH

264

Insert the following new Clause—

“Children’s health: standardised tobacco packaging

(1)   The Tobacco Advertising and Promotion Act 2002 is amended as follows.

(2)   After section 12 (television and radio broadcasting) insert—

“12A           Children’s health: standardised packaging


6

(1)   The Secretary of State may, if satisfied that doing so is in the
interests of preventing harm to the health of children under the age
of 18 or of promoting the health of children under the age of 18,
make regulations specifying retail tobacco packaging requirements.


10

(2)   Regulations made under subsection (1) may provide that retail
packaging or tobacco products of any such description, or falling
within any such class as may be specified in the regulations, shall
not, except in such circumstances as may be so specified, be of any
such colour or shape, or display any such mark or trade mark, or
any other particulars as may be so specified.

(3)   A person is guilty of an offence if—

(a)   in the course of a business he or she owns or manages retail
or commercial premises or a leisure facility;

(b)   he or she sells or supplies products which might reasonably
be expected to attract, or be aimed at, children under the age
of 18;

(c)   he or she sells or supplies, or has in the premises or facility
for sale or supply, any tobacco product; and

(d)   the retail packaging of the tobacco product does not comply
with a specified retail tobacco packaging requirement.

(4)   In this section—

“container” includes any pack, carton, box, tin, packet, bag,
pouch, tube or other container;

“retail packaging” means—

(a)   container for retail sale in which a tobacco product is
directly placed;

(b)   any container for retail sale that contains a smaller
container in which a tobacco product is directly
placed;

(c)   any cigarette paper in which tobacco is contained
and anything else forming part of a cigarette other
than the tobacco;

(d)   any plastic or other wrapper that covers any retail
packaging of the type described in paragraphs (a) to
(c);

(e)   any plastic or other wrapper that covers a tobacco
product, being a tobacco product that is for retail
sale; or

(f)   anything (other than a tobacco product) that is
placed inside or is affixed or otherwise attached to
retail packaging of the type described in paragraphs
(a) to (e) but does not include the lining of a cigarette
pack if the lining complies with retail packaging
requirements;

a “retail tobacco packaging requirement” is a requirement
relating to any of the following particulars—

(a)   the colour of retail packaging;

(b)   the shape and material of retail packaging;

(c)   trade marks or registered trade marks displayed on
retail packaging;

(d)   trade marks or registered trade marks displayed on
retail packaging;

(e)   the labelling of or on packages, packaging or tobacco
products, or associated with retail packaging or
tobacco products;

(f)   the contents of retail packaging (including the shape
and size of tobacco products);

(g)   any covert or overt markings, coded numbering or
any other security features on retail packaging or
tobacco products;

(h)   any other particulars relating to retail packaging or
tobacco products as may be prescribed by the
Secretary of State;

a “specified retail packaging requirement” is a retail tobacco
packaging requirement specified in regulations made under
subsection (1);

“trade mark” and “registered trade mark” have the same
meaning as in section 1 of the Trade Marks Act 1994.””

BARONESS HUGHES OF STRETFORD

LORD HUNT OF KINGS HEATH

BARONESS JONES OF WHITCHURCH

BARONESS WHEELER

[Amendments 265 and 266 are amendments to Amendment 264]

265


Line 6, leave out “may” and insert “must”

266


Line 10, leave out “may” and insert “must”

BARONESS MASSEY OF DARWEN

BARONESS WALMSLEY

266A

Insert the following new Clause—

“Children’s rights duty

Any person whose functions are of a public nature must in the exercise of
his or her functions have due regard to the need to—

(a)   respect, protect and fulfil children’s rights; and

(b)   actively seek and give due weight to the views of children in
matters affecting them.”

Clause 93

BARONESS MASSEY OF DARWEN

BARONESS DRAKE

267

Leave out Clause 93 and insert the following new Clause—

“Statutory rights to leave and pay of prospective adopters with whom looked
after children are placed, special guardians and family and friends carers

(1)   In section 75A of the Employment Rights Act 1996 (ordinary adoption
leave), after subsection (1) there is inserted—

“(1A)    The conditions that may be prescribed under subsection (1) include
conditions as to—

(a)   being a local authority foster parent;

(b)   being approved as a prospective adopter;

(c)   being notified by a local authority in England that a child is
to be, or is expected to be, placed with the employee under
section 22C of the Children Act 1989;

(d)   becoming a special guardian under section 14A of the
Children Act 1989;

(e)   becoming a family and friends carer in prescribed
circumstances.”

(2)   In section 75B of the Employment Rights Act 1996 (additional adoption
leave), after subsection (1) there is inserted—

“(1A)    The conditions that may be prescribed under subsection (1) include
conditions as to—

(a)   becoming a special guardian under section 14A of the
Children Act 1989;

(b)   becoming a family and friends carer in prescribed
circumstances.”

(3)   In section 80B of the Employment Rights Act 1996 (entitlement to ordinary
paternity leave: adoption)—

(a)   in subsection (5), after paragraph (a) there is inserted—

“(aa)   make provision excluding the right to be absent on
leave under this section in the case of an employee
who, by virtue of provision under subsection (6A),
has already exercised a right to be absent on leave
under this section in connection with the same
child;”;

(b)   after subsection (6) there is inserted—

“(6A)    Regulations under subsection (1) shall include provision for
leave in respect of a child—

(a)   placed, or expected to be placed, under section 22C
of the Children Act 1989 by a local authority in
England with a local authority foster parent who has
been approved as a prospective adopter;

(b)   for whom a special guardian has been appointed
under section 14A of the Children Act 1989;

(c)   placed in a family and friends care arrangement in
prescribed circumstances.

(6B)   This section has effect in relation to regulations made by
virtue of subsection (6A) as if—

(a)   references to being placed for adoption were
references to being placed under section 22C of the
Children Act 1989 with a local authority foster
parent who has been approved as a prospective
adopter or to being placed with a special guardian
under section 14A of the Children Act 1989 or to
being placed in a family and friends care
arrangement in prescribed circumstances;

(b)   references to placement for adoption were
references to placement under section 22C or section
14A with such a person or to placement with a
family and friends carer in prescribed
circumstances;

(c)   paragraph (aa) of subsection (5) were omitted.”

(4)   In section 171ZB of the Social Security Contributions and Benefits Act 1992
(entitlement to ordinary statutory paternity pay: adoption), after
subsection (7) there is inserted—

“(8)   This section has effect in a case involving a child placed under
section 22C of the Children Act 1989 by a local authority in England
with a local authority foster parent who has been approved as a
prospective adopter, or placed with a special guardian under
section 14A of the Children Act 1989 or placed in a family and
friends care arrangement in prescribed circumstances, with the
following modifications—

(a)   the references in subsection (2) to a child being placed for
adoption under the law of any part of the United Kingdom
are to be treated as references to a child being placed under
section 22C in that manner or to being placed with a special
guardian under section 14A or to being placed in a family
and friends care arrangement in prescribed circumstances;

(b)   the reference in subsection (3) to the week in which the
adopter is notified of being matched with the child for the
purposes of adoption is to be treated as a reference to the
week in which the prospective adopter is notified that the
child is to be, or is expected to be, placed with the
prospective adopter under section 22C or the week the
special guardian is expected to be appointed or the week the
child is expected to be placed in a family and friends care
arrangement in prescribed circumstances;

(c)   the reference in subsection (6) to placement for adoption is
to be treated as a reference to placement under section 22C
of section 14A or to placement with a family and friends
carer in prescribed circumstances;

(d)   the definition in subsection (7) is to be treated as if it were a
definition of “prospective adopter” or “special guardian” or
“family and friends carer in prescribed circumstances”.

(9)   Where, by virtue of subsection (8), a person becomes entitled to
statutory paternity pay in connection with the placement of a child
under section 22C or 14A of the Children Act 1989 or placement
with a family and friends carer in prescribed circumstances, the
person may not become entitled to payments of statutory paternity
pay in connection with the placement of the child for adoption.”

(5)   In section 171ZE of the Social Security Contributions and Benefits Act 1992
(rate and period of pay), after subsection (11) there is inserted—

“(12)   Where statutory paternity pay is payable to a person by virtue of
section 171ZB(8), this section has effect as if—

(a)   the references in subsections (3)(b) and (10) to placement for
adoption were references to placement under section 22C or
14A of the Children Act 1989 or placement with a family and
friends carer in prescribed circumstances;

(b)   the references in subsection (10) to being placed for
adoption were references to being placed under section 22C
or 14A or to being placed with a family and friends carer in
prescribed circumstances.”

(6)   In section 171ZL of the Social Security Contributions and Benefits Act 1992
(entitlement to statutory adoption pay), after subsection (8) there is
inserted—

“(9)   This section has effect in a case involving a child who is, or is
expected to be, placed under section 22C of the Children Act 1989
by a local authority in England with a local authority foster parent
who has been approved as a prospective adopter, or placed with a
special guardian under section 14A of the Children Act 1989 or
placed in a family and friends care arrangement in prescribed
circumstances, with the following modifications—

(a)   the references in subsections (2)(a) and (4A)(a) to a child
being placed for adoption under the law of any part of the
United Kingdom are to be treated as references to a child
being placed under section 22C in that manner or to being
placed with a special guardian under section 14A or to
being placed in a family and friends care arrangement in
prescribed circumstances;

(b)   the reference in subsection (3) to the week in which the
person is notified that he has been matched with the child
for the purposes of adoption is to be treated as a reference to
the week in which the person is notified that the child is to
be, or is expected to be, placed with him under section 22C
or the week the special guardian is expected to be appointed
or the week the child is expected to be placed in a family and
friends care arrangement in prescribed circumstances;

(c)   the references in subsection (4B)(a) to adoption are to be
treated as references to placement under section 22C or 14A
or placement with a family and friends carer in prescribed
circumstances;

(d)   the reference in subsection (5) to placement, or expected
placement, for adoption is to be treated as a reference to
placement, or expected placement, under section 22C or
14A or placement with a family and friends carer in
prescribed circumstances.

(10)   Where, by virtue of subsection (9), a person becomes entitled to
statutory adoption pay in respect of a child who is, or is expected to
be, placed under section 22C or 14A of the Children Act 1989 or
placement with a family and friends carer in prescribed
circumstances, the person may not become entitled to payments of
statutory adoption pay as a result of the child being, or being
expected to be, placed for adoption.”

(7)   In section 171ZN of the Social Security Contributions and Benefits Act 1992
(rate and period of pay), after subsection (8) there is inserted—

“(9)   Where statutory adoption pay is payable to a person by virtue of
section 171ZL(9), this section has effect as if the reference in
subsection (2E) to the week in which the person is notified that he
has been matched with a child for the purposes of adoption were a
reference to the week in which the person is notified that a child is
to be, or is expected to be, placed with him under section 22C of the
Children Act 1989 or the week the special guardian is expected to
be appointed or the week the child is expected to be placed in a
family and friends care arrangement in prescribed circumstances.

(8)   In the Social Security Contributions and Benefits Act 1992—

(a)   in section 171ZJ(1), at the appropriate place there is inserted—

““local authority” has the same meaning as in the Children Act
1989 (see section 105(1) of that Act);”;

““local authority foster parent” has the same meaning as in the
Children Act 1989 (see section 22C(12) of that Act);”;

(b)   in section 171ZS(1), at the appropriate place there is inserted—

““local authority” has the same meaning as in the Children Act
1989 (see section 105(1) of that Act);”;

““local authority foster parent” has the same meaning as in the
Children Act 1989 (see section 22C(12) of that Act);”.”

After Clause 93

BARONESS DRAKE

BARONESS MASSEY OF DARWEN

267A

Insert the following new Clause—

“Kinship carers’ adjustment leave

(1)   A qualifying employee who satisfies prescribed conditions may be absent
from work at any time during an adjustment leave period.

(2)   An adjustment leave period is a period calculated in accordance with
regulations made by the Secretary of State.

(3)   The regulations under subsection (2) above shall include provision for
determining the extent of an employee’s entitlement to leave under this
section but shall secure that where an employee is entitled to leave under
this section he is entitled to at least four weeks’ leave, or for a longer period
to be prescribed.

(4)   An employee who exercises his rights under subsection (1)—

(a)   is entitled, for such purposes and to such extent as may be
prescribed, to the benefit of the terms and conditions of
employment which would have applied if he had not been absent,

(b)   is bound, for such purposes and to such extent as may be
prescribed, by any obligations arising under those terms and
conditions (except in so far as they are inconsistent with subsection
(1)), and

(c)   is entitled to return from leave to a job of a prescribed kind.

(5)   For the purposes of this section, an employee is a qualifying employee if he
is a family and friends (kinship) carer looking after a child full-time because
the parent(s) is unable to look after the child, in the first 12 months after the
child moves in.”

267B

Insert the following new Clause—

“Carers’ leave

(1)   A qualifying employee who satisfies prescribed conditions may be absent
from work for a specified period to provide care for a child or vulnerable
adult.

(2)   An adjustment leave period is a period calculated in accordance with
regulations made by the Secretary of State.

(3)   The regulations under subsection (2) above shall include provision for
determining the extent of an employee’s entitlement to leave under this
section but shall secure that where an employee is entitled to leave under
this section he is entitled to two week’s leave in any given year.

(4)   The leave may be taken in a two week block or part-time, with the
agreement of the employer.

(5)   An employee who exercises his rights under subsection (1)—

(a)   is entitled, for such purposes and to such extent as may be
prescribed, to the benefit of the terms and conditions of
employment which would have applied if he had not been absent,

(b)   is bound, for such purposes and to such extent as may be
prescribed, by any obligations arising under those terms and
conditions (except in so far as they are inconsistent with subsection
(1)), and

(c)   is entitled to return from leave to a job of a prescribed kind.

(6)   For the purposes of this section, an employee is a qualifying employee if he
has caring responsibilities for a child or vulnerable adult.”

After Clause 97

BARONESS DRAKE

BARONESS MASSEY OF DARWEN

267C

Insert the following new Clause—

“Extension of emergency leave entitlement to grandparents

In section 57A(3) of the Employment Rights Act 1996 (time off for
dependants), after paragraph (d) insert—

“(e)   a grandchild”.”

After Clause 106

BARONESS BENJAMIN

VISCOUNT COLVILLE OF CULROSS

268

Insert the following new Clause—

“PART 8A

CHILDREN PARTICIPATION IN PERFORMANCES

Children participation in performances

(1)   Section 25 of the Children and Young Persons Act 1933 (restrictions on
persons under eighteen going abroad for the purpose of performing for
profit) is amended as follows.

(2)   For subsection (1)(a) substitute—

“(f)   for the purposes of taking part in a performance to which
section 37(2) of the Children and Young Persons Act 1963
applies,”.

(3)   In subsection (1)—

(a)   for “this section” substitute “section 37 of the Children and Young
Persons Act 1963”,

(b)   omit paragraph (a) and after “granted in respect of him under” omit
“this” and after “section” insert “37 of the Children and Young
Persons Act 1963”.

(4)   Subsections (2) to (11) of the Children and Young Persons Act 1933 are
omitted.

(5)   Section 37 of the Children and Young Persons Act 1963 (restrictions on
persons under 16 taking part in public performances, etc.) is amended as
follows.

(6)   After subsection (2) insert—

“(2A)    For the purposes of subsection (2), a performance does not include
participation in—

(a)   filming by private individuals for uploading onto the
internet for transmission (“user generated content”);

(b)   observational documentaries in which the child’s life and
routine remains to a significant degree the same as it would
have been had filming not been taking place;

(c)   unplanned and spontaneous filming where parental
consent is subsequently obtained for the purposes of
broadcasting;

(d)   filming in the context of news and current affairs
journalism, or filming in the public interest in circumstances
where it is not practicable to apply for a licence, without
prejudice to the effect of sections 39 and 49; or

(e)   any further category as the Secretary of State may specify by
way of regulations.”

(7)   After subsection (3) insert—

“(3A)    Where subsection (2A)(b) to (e) applies such that no licence is
required, the person responsible for filming the child shall carry out
an assessment of risk prior to the filming taking place, save where
it is not possible to do so, in which case such a risk assessment must
be carried out as soon as possible after such filming takes place.”

(8)   In subsection (4) after “will not suffer” insert “and in particular, that the
child would not be subjected to any risk beyond that involved in the
ordinary course of their life”.

(9)   In subsection (5) after “imposed by the authority” insert “; such conditions
shall however, seek to minimise any differences in conditions imposed in
relation to different media and any such differences must be necessary and
objectively justified for the purposes of protecting the child against a
specified risk, and in particular, regulations shall not prohibit the recording
or broadcast of live performances where the child’s participation in that
live performance is permitted by the relevant licence”.

(10)   After subsection (1)(b) insert—

“(c)   go abroad for the purposes of a performance to which
subsection 2 applies save that this subsection shall not apply
in any case where it is proved that the child was only
temporarily resident within the United Kingdom.”

(11)   Section 38 is repealed.

(12)   Section 42 is repealed.”

Clause 107

LORD NASH

269

Page 114, line 34, leave out subsection (6) and insert—

“(6)   A statutory instrument containing (whether alone or with other
provision)—

(a)   the first regulations to be made under section 49,

(b)   an order under section 54(1) or 55(1), or

(c)   an order under section 108 which amends or repeals any provision
of primary legislation,

is not to be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.”

BARONESS HUGHES OF STRETFORD

BARONESS JONES OF WHITCHURCH

270

Page 114, line 36, after “legislation” insert “, or a statutory instrument containing
an order under section 4,”

271

Page 114, line 36, after “legislation” insert “, or a statutory instrument containing
an order under section 49,”

272

Page 114, line 36, after “legislation” insert “, or a statutory instrument containing
an order under section 51(4),”

273

Page 114, line 36, after “legislation” insert “, or a statutory instrument containing
an order under sections 54 and 55,”

Prepared 18th October 2013