Maintained schools: staff member for previously looked after pupils

Children and Social Work Bill [Lords] – in a Public Bill Committee at 3:30 pm on 13 December 2016.

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Amendment made: 3, in clause 5, page 6, leave out lines 24 to 36 and insert—

‘(2) A registered pupil is within this subsection if the pupil—

(a) was looked after by a local authority but ceased to be looked after by them as a result of—

(i) a child arrangements order (within the meaning given by section 8(1) of the 1989 Act) which includes arrangements relating to with whom the child is to live, or when the child is to live with any person,

(ii) a special guardianship order (within the meaning given by section 14A(1) of the 1989 Act), or

(iii) an adoption order (within the meaning given by section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002), or

(b) appears to the governing body—

(i) to have been in state care in a place outside England and Wales because he or she would not otherwise have been cared for adequately, and


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(ii) to have ceased to be in that state care as a result of being adopted.” —(Edward Timpson.)

This amendment, together with amendment 5, would extend the duty of a governing body of a maintained school under clause 5 (duty to appoint staff member for promoting educational achievement) to children who were adopted from state care outside England and Wales.

Amendment proposed: 33, in clause 5, page 6, line 36, at end insert—

“(d) returning home to the care of a parent.”

See explanatory statement for amendment 32.

Question put, That the amendment be made.

The Committee divided:

Ayes 6, Noes 10.

Division number 6 Christmas Tree Industry — Maintained schools: staff member for previously looked after pupils

Aye: 6 MPs

No: 10 MPs

Aye: A-Z by last name

No: A-Z by last name

Question accordingly negatived.

Amendments made: 4, in clause 5, page 6, line 43, leave out from “is” to end of line 45 and insert

““looked after by a local authority” if the person is looked after by a local authority for the purposes of the 1989 Act or Part 6 of the 2014 Act.”

This amendment and amendment 7 make changes to reflect the fact that provision about looked after children in Wales is now in Part 6 of the Social Services and Well-being (Wales) Act 2014, instead of in the Children Act 1989.

Amendment 5, in clause 5, page 6, line 45, at end insert—

‘(5A) For the purposes of this section a person is in “state care” if he or she is in the care of, or accommodated by—

(a) a public authority,

(b) a religious organisation, or

(c) any other organisation the sole or main purpose of which is to benefit society.”.—

See the explanatory statement for amendment 3.


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Clause 5, as amended, ordered to stand part of the Bill.

Clause 6