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Amendments to the Children (Leaving Care) Bill [H.L.]

Children (Leaving Care) Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Revised Marshalled List of Amendments to the Children (Leaving Care) Bill [H.L.] to be moved in Grand Committee in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 1
 
  
BY THE LORD CLEMENT-JONES
THE LORD LAMING
THE EARL HOWE
 
1     Page 1, line 16, leave out from ("seventeen") to end of line 20 
  
BY THE LORD ADDINGTON
THE EARL HOWE
 
2     Page 1, line 16, at end insert ("either") 
  
BY THE LORD ADDINGTON
THE EARL HOWE
THE LORD LAMING
 
3     Page 1, line 20, at end insert (", or
    (c)  has been placed in a residential school for 52 weeks per year or has been placed in a residential school in term time and receives respite care")
 
  
BY THE LORD CLEMENT-JONES
THE EARL HOWE
 
3A*     Page 2, line 6, at end insert ("in accordance with regulations made under section 26") 
  
BY THE EARL HOWE
 
4    ("(  )  The local authority shall ensure that any person charged with carrying out the duties mentioned in this section has received appropriate training in child development.") 
  
BY THE LORD CLEMENT-JONES
THE EARL HOWE
 
4A*     Page 2, leave out lines 7 and 8 
  
BY THE LORD LAMING
THE LORD CLEMENT-JONES
 
5     Page 2, line 9, leave out ("may") and insert ("shall") 
  
BY THE EARL HOWE
 
6     Page 2, line 16, at end insert ("who has received appropriate training in child development") 
  
BY THE LORD LAMING
 
6A*     Page 2, line 16, at end insert--
 
    ("(  )  Arrangements under this paragraph shall be co-ordinated with provisions in the Learning and Skills Act 2000 for personal advisers for young people."")
 
  
Clause 2
 
  
BY THE LORD CLEMENT-JONES
THE EARL HOWE
 
6B*     Page 2, line 17, at end insert--
 
    ("(  )  In section 20 (provision of accommodation for children: general) at the end insert--
        (12)  A local authority shall continue to provide accommodation for any child until he is 18 unless he can demonstrate that he is ready and willing to cease being looked after by them."")
 
6C*     Page 2, line 20, at end insert ("and
    (b) in subsection (3), after paragraph (a) insert--
          (aa) to continue to look after him until he is 18 unless he can demonstrate that he is ready and willing to cease being looked after;".")
 
  
BY THE LORD CLEMENT-JONES
THE LORD LAMING
 
7     Page 2, leave out line 33 and insert--
    ("(c)  is between the ages of sixteen and twenty-one")
 
8     Page 2, line 35, after ("children") insert ("or young persons") 
  
BY THE LORD LAMING
THE LORD CLEMENT-JONES
 
9     Page 3, leave out lines 5 to 8 and insert--
 
    ("(1)  It is the duty of the responsible local authority to use their best endeavours to establish or maintain contact with a relevant child or young person at such times as are reasonable with a view to discharging their functions under this section, whether or not that child or young person is within their area.")
 
10     Page 3, line 28, leave out ("may") and insert ("shall") 
  
BY THE EARL HOWE
THE LORD CLEMENT-JONES
THE LORD LAMING
 
11     Page 3, line 35, at end insert--
    ("(e)  the provision of independent advocacy assistance for children and young people")
 
  
BY THE LORD CLEMENT-JONES
THE EARL HOWE
 
11A*     Page 3, line 37, at end insert ("in accordance with regulations under subsection (5) above") 
  
BY THE LORD CLEMENT-JONES
THE LORD LAMING
 
12     Page 3, line 39, leave out ("child's welfare") and insert ("welfare of the relevant child or young person") 
  
BY THE LORD HUNT OF KINGS HEATH
 
13     Page 3, line 45, at end insert--
        ("(  )  Support under subsection (8) may be in cash.")
 
  
BY THE EARL HOWE
THE LORD CLEMENT-JONES
THE LORD LAMING
 
14     Page 3, line 46, leave out ("may") and insert ("shall") 
  
BY THE LORD LAMING
THE LORD CLEMENT-JONES
 
15     Page 4, line 3, leave out from beginning to ("they") in line 4 and insert ("If the responsible local authority have lost contact with a relevant child or young person despite using their best endeavours to establish or maintain contact with him,") 
16     Page 4, line 8, after first ("child") insert ("or young person") 
17     Page 4, line 8, after second ("child") insert ("or young person") 
  
BY THE EARL HOWE
THE LORD CLEMENT-JONES
THE LORD LAMING
THE EARL RUSSELL
 
18     Page 4, line 12, at end insert ("save for the following exceptions--
    (a)  where the relevant child or young person is estranged from his parents, support shall be given by the responsible local authority without reference to the means of either of his parents; and
    (b)  any award made to the relevant child or young person by the Criminal Injuries Compensation Authority shall be discounted")
 
  
BY THE EARL HOWE
 
18A*     Page 4, line 28, after ("first") insert ("and paramount") 
  
BY THE LORD LAMING
THE LORD CLEMENT-JONES
 
19     Page 4, line 29, leave out ("keep in touch") and insert ("establish and maintain contact") 
20     Page 4, line 31, leave out ("touch") and insert ("contact") 
  
Clause 4
 
  
BY THE LORD HUNT OF KINGS HEATH
 
21     Page 5, line 44, after ("Authority") insert (", Primary Care Trust") 
  
BY THE EARL HOWE
THE LORD CLEMENT-JONES
THE LORD LAMING
THE EARL RUSSELL
 
22     Page 7, line 7, at end insert ("save for the following exceptions--
    (a)  where the relevant child or young person is estranged from his parents, support shall be given by the responsible local authority without reference to the means of either of his parents; and
    (b)  any award made to the relevant child or young person by the Criminal Injuries Compensation Authority shall be discounted")
 
  
BY THE EARL HOWE
THE LORD CLEMENT-JONES
THE LORD LAMING
 
23     Page 7, line 13, leave out ("may") and insert ("shall") 
  
BY THE LORD HUNT OF KINGS HEATH
 
24     Page 8, line 4, at end insert (", Primary Care Trust") 
  
Clause 5
 
  
BY THE EARL HOWE
 
25     Page 8, line 27, leave out from ("with") to end of line 29 and insert ("the Representations Procedure (Children) Regulations 1991 as if they applied to this section") 
  
BY THE LORD LAMING
THE LORD CLEMENT-JONES
 
26     Page 8, line 29, at end insert--
 
    ("(3)  No local authority shall exercise the powers conferred by this section in respect of a child or young person who is not assisted by an independent advocate, unless having been informed of his right to an independent advocate, that young person has refused to avail himself of such assistance.".")
 
  
Clause 6
 
  
BY THE EARL HOWE
THE LORD CLEMENT-JONES
THE LORD LAMING
 
27     Page 8, line 39, at end insert--
 
    ("(  )  This section does not apply to a person who falls within subsection (2)(a) or (b) where that person is estranged from his responsible local authority.")
 
28     Page 9, line 13, leave out subsection (7) and insert--
 
    ("(7)  Regulations shall provide that national minimum standards are established to provide for the essential needs of those persons falling within subsection (2)(a) or (b).")
 
  
BY THE EARL HOWE
 
28A*     Page 9, line 18, at end insert ("and the Scottish Parliament") 
28B*     Page 9, line 19, at end insert ("and the Scottish Parliament") 
  
Clause 7
 
  
BY THE LORD LAMING
THE LORD CLEMENT-JONES
 
29     Page 9, line 26, at end insert--
 
    ("(  )  In section 22 (general duty of local authority in relation to children looked after by them), after subsection (5) insert--
        (5A)  In meeting their duty under subsections (4)(a) and (5)(a) the local authority shall permit the child the assistance of an independent advocate.".")
 
30     Page 9, line 26, at end insert--
 
    ("(  )  In section 26 (review of cases and inquiries into representations), after subsection (3) insert--
        (3A)  Where a local authority receives representations from a child under subsection (3)(a), they shall not exercise the powers conferred by this section in respect of a child who is not assisted by an independent advocate, unless having been informed of his right to an independent advocate, the child has refused to avail himself of such assistance.".")
 
  
BY THE EARL HOWE
THE LORD CLEMENT-JONES
THE LORD LAMING
 
31     Page 9, line 26, at end insert--
 
    ("(  )  In section 26 (review of cases and inquiries into representations), after subsection (3)(e) insert--
 
 
        (3)(f) an independent advocate on behalf of the child,".")
 
  
Clause 8
 
  
BY THE LORD HUNT OF KINGS HEATH
 
32     Page 10, line 19, at end insert--
 
    ("(  )  Subsection (7) does not affect the power to make further Orders varying or omitting that reference.")
 
 
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Prepared 10 February 2000