Children and Families Bill

Tim Loughton Excerpts
Tuesday 11th June 2013

(10 years, 10 months ago)

Commons Chamber
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Elizabeth Truss Portrait Elizabeth Truss
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We have had a wide-ranging debate on the various child care issues, but one point that I think we can all agree on is that there is an urgent need for high-quality, affordable child care in this country. At the moment, many working families are struggling to afford their child care, and I can assure the House that the Government are fully committed to improving the situation. Tax-free child care, which is the key policy that we have been promoting in the Bill, will contribute to that.

I would particularly like to thank the hon. Member for North Cornwall (Dan Rogerson) for his very constructive comments, particularly on the point about our tax-free child care scheme. I want to reassure the hon. Member for Hackney South and Shoreditch (Meg Hillier) that “tax-free” refers to the 20% that parents will benefit by. The critical point is that it is open to many more families.

I understand the hon. Members want to move on to the next debate so, without further ado, I shall finish.

Question put and agreed to.

New clause 10 accordingly read a Second time, and added to the Bill.

New Clause 3

Regulation of child performance

‘(1) In section 37 of the Children and Young Persons Act 1963 (Restriction on persons under 16 taking part in public performances, etc.) the words “under the compulsory school leaving age” shall be inserted after the word “child” in subsection (1).

(2) After subsection (2) there shall be inserted—

“(2A) In this section, “Performance” means the planned participation by a child aged under the compulsory school leaving age in a public entertainment production, unless that participation—

(a) involves risks that are no greater than the risks faced by that child in the ordinary course of his life and does not require the child to be absent from school or requires an absence from school of not more than four days in a six month period and such absence is authorised by the school;

(b) involves the child doing that which he would do in any event in the ordinary course of his life; or

(c) involves the creation of audio-visual content where there is an overriding public interest in the child’s participation.”.

(3) Subsection (3)(a) of that section shall be repealed.

(4) After subsection (5) of that section there shall be inserted—

“(5A) Regulations under this section shall provide for the local authority to give reasons for any refusal of a licence under this section and shall specify any mitigating action which would be required to allow a licence to be issued.

(5B) A refusal of a local authority to grant a licence may be reversed on appeal.”.

(5) Subsection (6) of that section shall be repealed.

(6) After subsection (7) the following shall be inserted—

“(7A) A licence granted by a local authority shall be transferrable to another local authority if the child moves residence from one local authority area to another.”.

(7) Section 38 of the Act (Restriction on licences for performances by children under 14) shall be repealed.

(8) After section 39 of the Act, there shall be inserted—

“39A Presumption that a licence should be issued

(1) There shall be a presumption that a licence shall be issued unless there is identifiable potential harm that cannot be mitigated by any other action.

(2) For the purposes of this section—

(a) “identifiable potential harm” shall be any outcome that acts adversely against the wellbeing of the child;

(b) “mitigated” shall mean such reasonable action that secures the safety of the child from the impact on their wellbeing; and

(c) “wellbeing” includes the physical, mental and emotional condition and interests of the child.

39B Guidance

‘(1) The Secretary of State shall issue guidance to local authorities on the criteria for issuing licences and the conditions which shall apply to them; and this guidance may make different provision for children falling within different age bands applicable to their development age.

(2) Guidance shall include a requirement for the local authority’s decision to be based on an assessment of the risks involved in the child’s participation in the performance.

(3) Guidance shall include the safeguarding arrangements which shall be made in regard to participation in sporting activities; and in drawing up this guidance the Secretary of State shall consult sports governing bodies.

(4) Guidance shall require the local authority, in considering the terms on which a licence is issued, to have regard to the number of days actually worked spread across a particular period.

(5) Guidance shall require local authorities to provide for on-line applications for licences, to deal with all licences in time if submitted at least 10 days before they are to come into effect, or five days in respect of a repeated application.

(6) Guidance shall provide for local authorities to inspect sites where children taking part in performances are to be accommodated, if they will be residing alongside unconnected adults.

(7) Guidance shall provide for local authorities to disregard absence in connection with licensed performances in school records for authorised absences.

(8) Guidance shall provide that local authorities shall require that matrons or chaperones shall operate under standards accepted by the appropriate advisory bodies.

(9) Guidance shall also include the circumstances in which it is appropriate to authorise a body of persons to organise a performance for which licences will not be required by virtue of section 37(3)(b) of this Act, including where the performers are of 13 years or upwards or if the body is an amateur body and has a nominated child protection person who has received appropriate training and is independent of the chaperone.

(10) Guidance under this section shall be laid before Parliament and shall be subject to annulment in pursuance of a resolution of either House of Parliament as if it were contained in a statutory instrument subject to such annulment.”.

(9) Clause 42 of the Act (Licences for children and young persons performing abroad) shall be amended by inserting after subsection (1)—

“(1A) Licences under section 25 of the principal Act in relation to performances as defined under this Act shall be issued by local authorities rather than as specified in the principal Act.”.

(10) In subsection (2) of that section the words after the word “granted” shall be replaced by the words “regardless of the age of the child”.

(11) In the Children (Performances) Regulations 1968 (SI 1968/1728)—

(a) In Regulation 8 (Medical examinations) in paragraph (2), the words “performance taking place within a period of six months from the date of the said medical examination” shall be replaced by the words “later performance”.

(b) At the end of Regulation 10 (Education) there shall be inserted—

“(6) The child’s parents or guardians must inform the child’s school of any days on which the child will be absent by reason of taking part in performances.”.

(c) In Regulation 12(3) (maximum number of other children a matron shall have charge of), “eleven” shall be replaced by “nine”.

(d) At the end of Regulation 12 (Matrons) there shall be inserted—

“(7) A matron in respect of a performance organised by an amateur body who is unpaid shall not require local authority approval provided that he or she is CRB-checked and is independent of the nominated child protection person.”.

(e) Regulation 17 (Further medical examinations) shall cease to have effect.’.—(Tim Loughton.)

Brought up, and read the First time.

Tim Loughton Portrait Tim Loughton (East Worthing and Shoreham) (Con)
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I beg to move, That the clause be read a Second time.

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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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.

--- Later in debate ---
Tim Loughton Portrait Tim Loughton
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Thank you, Mr Deputy Speaker, for taking up most of the remaining debating time in reading out the list of the remaining new clauses and amendments in the group. It is unfortunate that we have a large group of new clauses and amendments here, covering a very wide variety of important subjects to do with personal, social and health education, foster care continuing support, young carers, care leaver assistants, birth registration, adoption and so on, and yet we are left with barely an hour, particularly for Back Benchers who have not had the opportunity in Committee to point out things that we think are missing from the Bill or things that could be improved. On Second Reading we were time-limited in our contributions, too. I have taken a lot of time in making that point, but it needed to be put on the record.

I will speak as quickly as possible to the nine amendments and new clauses that I have tabled. In doing so, I want to signify my sympathy with new clause 4, tabled by the right hon. Member for Wythenshawe and Sale East (Paul Goggins), on continuing support for foster children, which is important. I know there are various problems with the way in which the amendment has been fashioned. I support new clause 22, tabled by my hon. Friend the Member for South Northamptonshire (Andrea Leadsom), on birth registration improvements. I have a good deal of sympathy, as I said on Second Reading, with improvements to the Bill to assist young carers, particularly new clause 5.

--- Later in debate ---
Jeremy Corbyn Portrait Jeremy Corbyn (Islington North) (Lab)
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Do the hon. Gentleman’s proposals relate only to the schools he referred to as madrassahs, or do they also relate to supplementary schools and weekend schools?

Tim Loughton Portrait Tim Loughton
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The new clause is very broad and could effectively cover other supplementary schools, as they are termed. I know that this subject is fraught with problems. No doubt the new clause will not be a satisfactory solution ultimately, but I think it is a working basis on which to take the matter forward, rather than continuing to ignore it.

New clause 15, which has the full support of the National Society for the Prevention of Cruelty to Children, relates to support services for those returning from care. There has been a big focus, rightly, on improving the whole adoption regime. The Government announced a little while ago that £150 million will be taken from what was the early intervention grant to provide adoption support services. It is really important that we have the right degree of support around placements to ensure that they stick.

We hear a lot about adoption support services, improving care homes and better training for foster carers, but 37% of children in care return to their birth parents, and too many of them then return to care after the initial intensive preparation and support because of lack of ongoing support services. In 2012 that affected 10,000 children who returned to the birth parents—treble the number of children who get adopted. We know that that instability, that revolving door going in and out of care, can be really damaging to those vulnerable children. The NSPCC has put together a very credible case. It has totted up the cost of children remaining in the care system against the cost of giving them proper support packages back with their families, where that is the most appropriate destination for them and only where it is in their best interests.

New clause 15 merits serious consideration. It would provide the right social outcome for vulnerable children in care, but it would also save an awful lot of money if we get it right. I am sure that the Minister, who has great expertise in and knowledge of dealing with different types of children in the care system, will be supportive. It is also supported by an interesting paper produced last November by the Social Care Institute for Excellence, which said:

“Returning from public care to live with a parent is the most likely ‘permanence option’ but, for maltreated children, the least successful. There are wide variations between local authorities in terms of the resources allocated to decision-making about reunification, and the quality of practice.”

Finally, I have tabled three amendments on adoption. I have mentioned why adoption needs to be a priority. Many good things have happened in the past two and a half years on adoption, and I am very pleased that the Minister is committed to carrying that work on. The number of children given the opportunity to be adopted has been increasing, although numbers alone are not the be-all and end-all; it is the quality of the placements that really matters. The adoption scorecards that were introduced a year ago lay out with full transparency how well an authority is doing compared with other authorities across a whole range of measures. We have the adoption gateway to help recruitment, we are speeding up legal proceedings for children left in limbo, we are bringing in and beefing up fostering for adoption, we have the adoption support services that I mentioned, and many other things are happening. All that amounts to a very serious structural overhaul, and it is beginning to work, so we do not want to go and mess it up. I fear that in this Bill, the Government, with the best intentions, are going too far.