Children and Social Work Bill [HL] — Report (1st Day) — 18 Oct 2016 at 18:15
Moved by Lord Nash
1: Clause 1, page 1, line 10, after second “the” insert “physical and mental”
Moved by The Earl of Listowel
2: Clause 1, page 2, line 6, at end insert-“( ) to nurture, protect and maintain relationships with families and carers with whom they have lived previously and with whom they wish to remain in contact.”
Moved by Lord Ramsbotham
3: Clause 1, page 2, line 6, at end insert-“( ) to promote access to legal advice and representation for children and young people, including independent advice and representation where appropriate.”
Moved by Lord Warner
6: Clause 1, page 2, line 27, leave out “A local authority in England must” and insert “In discharging its duties under subsection (1), a local authority must-(a) ensure that all the local authority’s relevant partners are aware of their duty under sections 10 (co-operation to improve well-being) and 11 (arrangements to safeguard and promote welfare) of the Children Act 2004 to co-operate with local authorities to improve the well-being and safeguard and promote the welfare of children who fall under subsection (2); and(b) ”
Tabled by Baroness Tyler of Enfield
8: After Clause 1, insert the following new Clause-“Duty to promote physical and mental health and emotional well-being(1) The Children Act 1989 is amended as follows.(2) In section 22 (general duty of local authority in relation to children looked after by them), after subsection (3C) insert-“(3D) The duty of a local authority under subsection (3)(a) to safeguard and promote the welfare of a looked after child includes a particular duty to promote the child’s physical and mental health and emotional well-being.(3E) A local authority must develop a local care pathway to ensure that the needs of looked after children, relevant children and former relevant children are addressed through the provision of-(a) a mental health assessment at the time the child enters care;(b) regular monitoring of the child’s on-going need for mental health support;(c) a mental health assessment at the time the child becomes a relevant child or former relevant child;(d) provision of the necessary support to meet the needs of the child, relevant child or former relevant child as identified by the assessment and monitoring conducted under paragraphs (a) and (b), for as long as is necessary until the former relevant child reaches the age of twenty-five.(3F) Each clinical commissioning group for an area, any part of which falls within the area of the local authority, must take steps to assist the local authority in the exercise of its functions under subsections (3D) and (3E).(3G) Each clinical commissioning group must appoint at least one registered medical practitioner and at least one registered nurse for the purpose of discharging the duty under subsection (3F).””
Moved by Lord Mackay of Clashfern
9: After Clause 1, insert the following new Clause-“Member of care staff to be responsible for the well-being of a child in local authority care(1) When a local authority receives a child into its residential care, it must forthwith appoint one of its care staff to be responsible for the well-being of that child and, subject to subsection (2), the appointment shall endure for so long as the child remains in the care of the authority.(2) If a change of circumstances makes necessary the termination of the appointment under subsection (1), the authority must forthwith appoint another member of its care staff to be responsible for the well-being of the child.”
Moved by Lord Watson of Invergowrie
10: After Clause 1, insert the following new Clause-“Duty to provide suitable accommodation(1) Each local authority in England must take reasonable steps to provide all former relevant children up to the age of 21 with accommodation that-(a) is within the authority’s area; and(b) meets the needs of those former relevant children.(2) A local authority is deemed to have discharged this duty towards a former relevant child where staying put arrangements have been made under section 98 of the Children and Families Act 2014 (arrangements for living with former foster parents after reaching adulthood).”
Moved by Lord Farmer
11: Clause 2, page 2, line 43, at end insert-“( ) relationships.”
Moved by The Earl of Listowel
13: After Clause 2, insert the following new Clause-“National offer for care leavers(1) The Universal Credit Regulations 2013 are amended as follows.(2) In regulation 102(2) -(a) in paragraph (a) after “18 or over” insert “and paragraph (b) does not apply”; (b) in paragraph (b) after “16 or 17” insert “or is a care leaver within the meaning given by section 2 of the Children and Social Work Act 2016 and is under the age of 25”.(3) In regulation 103(2) -(a) in paragraph (a) after “18 or over” insert “and paragraph (b) does not apply”;(b) in paragraph (b) after “16 or 17” insert “or is a care leaver within the meaning given by section 2 of the Children and Social Work Act 2016 and is under the age of 25”.(4) In regulation 104(2) after “18 or over” insert “and section (3) does not apply”.(5) In regulation 104(3) after “16 or 17” insert “or is a care leaver within the meaning given by section 2 of the Children and Social Work Act 2016 and is under the age of 25”.(6) The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 are amended as follows.(7) In regulation 4(1), Second Condition, after paragraph (b) insert-“(c) is aged at least 18 and is a care leaver within the meaning given by section 2 of the Children and Social Work Act 2016, and is under the age of 25, and undertakes not less than 30 hours work per week.”(8) The Housing Benefit Regulations 2009 are amended as follows.(9) In regulation 2, in the definition of “young individual”, in each of paragraphs (b), (c), (d), (e) and (f), for “22 years” substitute “25 years”.(10) The Local Government Finance Act 1992 is amended as follows.(11) In section 6(4) (persons liable to pay council tax), after “etc)” insert “or 10A (care leavers)”.(12) In Schedule 1 (persons disregarded for purposes of discount), after paragraph 10 insert-“Care leavers10A A person shall be disregarded for the purposes of discount on a particular day if on the day the person is-(a) a care leaver within the meaning given by section 2 of the Children and Social Work Act 2016; and(b) under the age of 25.”(13) The Council Tax (Exempt Dwellings) Order 1992 is amended as follows.(14) In Article 3, Class N, after paragraph 1(b) insert-“(c) occupied only by one or more care leavers within the meaning given by section 2 of the Children and Social Work Act 2016 who are under the age of 25.””(15) The Secretary of State may by regulations made by statutory instrument make additions to the national offer for care leavers beyond those elements prescribed in the Income Support (General) Regulations 1987, the Working Tax Credit (Entitlement and Maximum Rate) Regulations, the Housing Benefit Regulations, the Local Government Finance Act, and the Council Tax (Exempt Dwellings) Order.(16) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
Ayes 179, Noes 188.
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