Public Administration Select Committee

Debate between Lindsay Hoyle and Tim Loughton

Thursday 10th April 2014 Commons Chamber

[Mr Deputy Speaker]

Last but certainly not least, I call Tim Loughton.

[Tim Loughton (East Worthing and Shoreham) (Con)]

I, too, commend my hon. Friend and the PASC for this forthright and uncomfortable report. Is he aware that the figures are being distorted further by the police’s increasingly arbitrary use of police information notices? When an individual perceives that harassment has taken place, often devoid of a common-sense test of whether a complaint has substance or is vexatious, according to Sussex police, at least, there is no need for them to follow their own guidance as it is only guidance. Even more worryingly, complaints about comments made in this House by hon. Members can be registered as a hate incident by police despite our parliamentary privilege.

Children and Families Bill

Debate between Lindsay Hoyle and Tim Loughton

Tuesday 11th June 2013 Commons Chamber

[Tim Loughton (East Worthing and Shoreham) (Con)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

New clause 4—Continuing support for former foster children—

‘Section 23C of the Children Act 1989 (continuing functions in respect of former relevant children) is amended by the insertion of the following subsections after subsection (5).

“(5ZA) The assistance given under subsection (4)(c) shall include the continuation of accommodation with the former local authority foster parent, unless—

(a) the former relevant child states that he or she does not wish to continue residing in such accommodation, or

(b) the former local authority foster parent does not wish to continue to provide accommodation, or

(c) it is not reasonably practicable to arrange such accommodation.

(5ZB) ‘Former local authority foster parent’ means a local authority foster parent within the meaning of section 22C(12) with whom the former relevant child, as a looked after child, was placed under section 22C(6)(a) or (b).”.’.

New clause 5—Assessment and support of young carers—

‘(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 above having consulted with persons whom the Secretary of State considers to be appropriate, the said guidance to be issued under section 7 of the Local Authority Social Services Act 1970.

(6) Any service provided by an authority in the exercise of functions conferred on them under this section may 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 to meet the adult’s needs for care and support; and

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

If such services are provided with a view to safeguarding and promoting the child’s welfare.’.

New clause 11—General duty of local authorities to co-operate to secure sufficient accommodation for looked after children—

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

(2) After section 22G (General duty of local authority to secure sufficient accommodation for looked after children), insert the following new section:

“22H General duty of local authorities to co-operate to secure sufficient accommodation for looked after children

(1) It is the general duty of a local authority to take steps in co-operation with neighbouring local authorities that secure, so far as reasonably practicable, the outcomes in subsections (2) and (3).

(2) The first outcome applies to the children defined in subsection (3) of section 22G in respect of whom the local authority are unable to secure the outcome defined in subsection (2) of that section.

(3) The first outcome is that the local authority is able to secure accommodation for those children that—

(a) is within a neighbouring authority’s area; and

(b) meets the need of those children.

(4) The second outcome applies to the children defined in subsection (3) of section 22G in respect of whom a neighbouring local authority is unable to secure the outcome defined in subsection (2) of that section.

(5) The second outcome is that the local authority is able to secure accommodation for those children that—

(a) is within the authority’s area; and

(b) meets the need of those children.”.’.

New clause 12—General duty of local authority to secure sufficient early help services—

‘(1) It is the general duty of a local authority to take steps that secure, so far as reasonably practicable, the outcome in subsection (2).

(2) The outcome is that the local authority is able to provide the children and young people mentioned in subsection (3) and their families with provision of early help services that—

(a) are within the authority’s area or a neighbouring authority’s area; and

(b) meet the needs of those children and young people and their families.

(3) The children and young people referred to in subsection (2) are those—

(a) who live within the local authority’s area, or

(b) that the local authority is looking after.

(4) In this section—

“early help services” means services to children under 6 and their families, and services to children and young people (of whatever age) and their families early in the emergence of a problem;

“young people” means people under 25.’.

New clause 13—Duty of local safeguarding children boards to undertake serious reviews—

‘(1) Section 14 of the Children Act 2004 (Functions and procedure of Local Safeguarding Children Boards) is amended as follows.

(2) After subsection (2), insert—

“(2A) Functions of review under subsection (2) shall include a duty to undertake serious case reviews at the direction of the Secretary of State.”.’.

New clause 14—Part-time independent educational institutions to have no right to give corporal punishment—

‘(1) Schedule 1 to the Education and Skills Act 2008 (Minor and consequential amendments) is amended as follows.

(2) In sub-paragraph (5) of paragraph 9, insert the following words at the end of inserted subsection (7B):

“except that it applies in relation to this section as if for paragraphs (a) and (b) of subsection (2) of section 92 of that Act there were substituted the following words “for any amount of time during an academic year, no matter how little”.”.’.

New clause 15—Return from care—

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

(2) After section 22C (Ways in which looked after children are to be accommodated and maintained), insert the following new section:

“22CA Return home support services for looked after children returning home to the care of their parents/others with parental responsibility

(1) Whenever a local authority decides that a looked after child should return to the care of its parent, the local authority must assess and monitor the support needs of the child and the parent for as long as is necessary to safeguard and promote the child’s welfare.

(2) If after carrying out an assessment in accordance with subsection (1) above, the local authority decides that the child or the parent has support needs, they must provide a child in care, and, in the case of formerly-accommodated children, offer to provide, ‘return home support services’ to meet the identified support needs for as long as is necessary to safeguard and promote the child’s welfare.

(3) Whenever the local authority provides ‘return home support services’ under subsection (2) above, they must prepare a personal budget if asked to do so by the parent or the child, with a view to the recipient being involved in agreeing and securing those services.”.’.

New clause 16—Provision of further assistance to care leavers up to the age of 25—

‘(1) Section 23CA of the Children Act 1989 (Further assistance to pursue education or training) is amended as follows.

(2) At the end of the section heading insert “or for welfare purposes”.

(3) In subsection (1)(a), at the end, insert “and”.

(4) In subsection (1)(b), omit the last “and”.

(5) Omit subsection (1)(c).

(6) In subsection (4), after “training”, insert “or welfare”.

(7) In subsection (5)(a), omit the last “or”.

(8) In subsection (5)(b), after “training”, insert “or welfare”.

(9) At the end of subsection (5), add the following new paragraphs—

“(c) providing advice and support in relation to his welfare; or

(d) making a grant in exceptional circumstances to enable him to meet expenses connected with his welfare.”.’.

New clause 17—Amendments to the Health Act 2006—

‘(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 the 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 is liable on summary conviction to a fine of £60.

(4) The Secretary of State may introduce regulations to alter the level of penalty payable under subsection (3).

(5) 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.

(3) In section 79(4)(a), leave out “or 8(7)” and insert “, 8(7), or 8A(4).”.’.

New clause 18—Review of impact of under-occupancy penalty on prospective adopters, prospective special guardians and foster parents—

‘Before the end of one year beginning with the day on which this Act receives Royal Assent, the Secretary of State must—

(a) carry out a review of the impact of the housing under-occupancy penalty on prospective adopters, prospective special guardians and foster parents, and

(b) publish a report of the conclusions of the review.’.

New clause 19—Arrangements to support child witnesses—

‘(1) The Secretary of State shall by order introduce arrangements to establish specialist courts in cases where a child has been sexually abused or harmed, and where the child will be required to give evidence to the court, and to be examined by the court.

(2) Arrangements made by order under subsection (1) above shall include arrangements to appoint intermediaries to support child witnesses in all court cases, and other measures to support child witnesses.’.

New clause 20—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.”.’.

New clause 22—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 Royal Assent to 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.

(3) 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.’.

New clause 25—Health bodies: duties with respect to young carers—

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

(a) promote and safeguard the well-being 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 paragraphs (1)(b), (c) and (d), the Secretary of State may by regulations further provide for the strategies to be developed.’.

New clause 26—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 well-being 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 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 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.’.

New clause 27—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 well-being 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 paragraphs (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.’.

Amendment 33, in clause 1, page 1, leave out line 9 and insert—

‘satisfied that C should be placed for adoption—’.

Amendment 34, in clause 2, page 1, line 15, at end insert—

‘(1A) In subsection (4), after paragraph (f) insert—

“(g) the child’s religious persuasion, racial origin and cultural and linguistic background, although this paragraph does not apply to an adoption agency in Wales, to which subsection (5) instead applies.”.’.

Amendment 2, in clause 3, page 2, line 22, at end insert—

‘(1A) The Secretary of State may require local authorities to make arrangements with adoption agencies to compensate them for the cost of recruiting approved prospective adopters.’.

Amendment 29, page 2, line 22, at end insert—

‘(1A) Directions under subsection (1) may not be given before May 2017, being five years after the introduction of adoption scorecards.’.

Amendment 3, page 2, line 32, leave out paragraph (c).

Government amendments 9 and 16.

Amendment 31, in clause 9, page 9, line 8, at end insert—

‘and section 23B (8A) and monitoring and evaluating the effectiveness of that local authority in discharging its duties under section 23C (4B) and section 23CA and advising them on ways to improve.’.

Amendment 32, page 9, line 11, at end add—

‘(2) In the Children Act 1989, in section 23B after subsection (8) insert—

(8A) The duty of local authorities under subsection (8) to safeguard and promote the child’s welfare, includes in particular a duty to promote the child’s educational achievement.”.’.

Amendment 49, in clause 10, page 9, line 16, at end insert—

‘unless in the view of the court it is unreasonable to do so’.

Amendment 35, in clause 11, page 10, line 10, at end insert—

‘(2B) “Involvement” is any kind of direct or indirect involvement that promotes the welfare of the child. It shall not be taken to mean any particular division of a child’s time.’.

Amendment 50, page 10, line 10, at end insert—

‘(2B) Involvement shall mean, but is not limited to, direct contact with a child by any means including supervised contact, indirect contact with a child by any means including letters or telephone or receiving information about a child from the other parent or a third party.’.

Amendment 51, in clause 12, page 10, line 35, at end add—

‘(5) A child arrangements order that provides for a child to reside with a particular person is to be interpreted as granting rights of custody to that person.’.

Amendment 5, in clause 14, page 13, line 8, 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.’.

Amendment 52, page 13, line 8, after ‘issued’, insert—

‘unless in the view of the court it would be in the best interests of the child to set a different timetable’.

Amendment 6, page 13, line 45, at end 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.’.

Amendment 36, in clause 15, page 14, line 46, at end insert—

‘(A1) Section 22 of the Children Act 1989 (general duty of local authority in relation to children looked after by them) is amended as follows.

(B1) In subsection (4), after “proposing to look after,”, insert “including when making any fundamental change to the care plan before or after a care order has been made.”.’.

Amendment 7, page 15, line 3, after ‘provisions’, insert ‘and sibling placement arrangements’.

Amendment 8, page 15, line 6, at end insert—

‘unless it deems such consideration necessary in assessing the permanence provisions of the section 31A plan for the child concerned and making the care order, taking into account the circumstances of the application and the safeguarding and promotion of the child’s welfare.’.

Amendment 53, page 15, line 6, at end insert—

‘but may do so when any matter is brought to the court’s attention by the child’s guardian’.

Government amendments 10 to 15.

Growth and Infrastructure Bill

Debate between Lindsay Hoyle and Tim Loughton

Tuesday 16th April 2013 Commons Chamber

[Tim Loughton (East Worthing and Shoreham) (Con)]

I do not know about omelettes, but the Secretary of State is making a very soft-boiled case for supporting the Government, and I am really trying hard. I do not know about him, but I hear complaints from many of my constituents, at my surgeries or through local councillors, that their neighbours have extended the remit of their planning permissions in terms of height, length or type. How many more complaints does he think will be made to us when planning permission is no longer required for a development that a neighbour would regard as completely unacceptable and antisocial?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. We must have shorter interventions.

School Sports Funding

Debate between Lindsay Hoyle and Tim Loughton

Tuesday 30th November 2010 Commons Chamber

[Tim Loughton]

My hon. Friend is right. It is a mixed picture.

The network of school sport partnerships did help schools to raise participation rates in a range of areas targeted by the previous Government, and schools should be given credit for that. I pay tribute to the Youth Sport Trust and to Lady Campbell, whom I have met three times in the last six months and with whom I have played extreme frisbee in Sheffield. The fact remains, however, that the proportion of young people taking part in competitive sport has remained disappointingly low, and definitions of what count as participation levels are hardly ambitious. I will not repeat the figures now.

What we need to do is enable schools to exercise innovation and autonomy. What interests me is how many inspirational men and women wearing tracksuits are motivating our young people on the sports pitch, not wielding clipboards and filling in forms back in the office. We firmly believe that the ideals of the Olympic and Paralympic games can be an inspiration to all young people, not only to our most promising young athletes. They embody the ethos of achievement and self-improvement that the best schools manifest in their sports provision for all pupils. That is why we want to see a new focus on competitive sports. Truly vibrant, sustainable sporting provision does not depend on a continuous drip-feed of ring-fenced funding, trickling through layers of bureaucratic structure with multiple strings attached. Instead, it must be integrated into the core mission and organisation of each school.

Our Government will get behind schools and teachers and help them to do what they do best: decide for themselves, individually and in collaboration, how to teach and develop their young people. The time for a top-down, centrally driven school sports strategy has passed. The days of a bureaucratic, top-heavy programme that saw extra funding soaked up by management, reporting and form-filling are, happily, passing into history.

What is important is delivering more high-quality sport for more children for longer, not a dogged attachment to the past structures of delivery. This motion from an opportunist and failed ex-Government is not the way in which to achieve that, and I urge Members to vote against it.

Question put.

The House proceeded to a Division.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I ask the Serjeant at Arms to investigate the delay in the No Lobby.