Children and Families Bill

Session 2012 - 13
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Other Bills before Parliament

Children and Families Bill

Children and Families Bill
Part 1 — Adoption and children looked after by local authorities
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(3)
In section 26 of that Act (children placed, or authorised to be placed, for
adoption: contact), omit subsection (5).
(4)
In section 96(3) of that Act (section 95 does not prohibit payment of legal or
medical expenses in connection with applications under section 26 etc) after
“26” insert “, 51A”.
5
(5)
In section 1(1) of the Family Law Act 1986 (orders which are Part 1 orders) after
paragraph (ab) insert—
“(ac)
an order made under section 51A of the Adoption and Children
Act 2002 (post-adoption contact), other than an order varying or
revoking such an order;”.
10
(6)
In section 2 of that Act (jurisdiction of courts in England and Wales to make
Part 1 orders: pre-conditions) after subsection (2B) insert—
“(2C)
A court in England and Wales shall not have jurisdiction to make an
order under section 51A of the Adoption and Children Act 2002
unless—
15
(a)
it has jurisdiction under the Council Regulation or the Hague
Convention, or
(b)
neither the Council Regulation nor the Hague Convention
applies but the condition in section 3 of this Act is satisfied.”
(7)
In section 9 of the Children Act 1989, in subsection (5)(a) (restrictions on
20
making certain orders with respect to children) after “order” insert “or an order
under section 51A of the Adoption and Children Act 2002 (post-adoption
contact)”.
(8)
In section 17(4) of the Armed Forces Act 1991 (persons to be given notice of
application for service family child assessment order) before paragraph (e)
25
insert—
“(db)
any person in whose favour an order under section 51A of the
Adoption and Children Act 2002 (post-adoption contact) is in
force with respect to the child;”.
(9)
In section 18(7) of that Act (persons who may apply to vary or discharge a
30
service family child assessment order) before paragraph (e) insert—
“(db)
any person in whose favour an order under section 51A of the
Adoption and Children Act 2002 (post-adoption contact) is in
force with respect to the child;”.
(10)
In section 20(8) of that Act (persons who are to be allowed reasonable contact
35
with a child subject to a protection order) before paragraph (d) insert—
“(cb)
any person in whose favour an order under section 51A of the
Adoption and Children Act 2002 (post-adoption contact) is in
force with respect to the child;”.
(11)
In section 22A(7) of that Act (persons who are to be allowed reasonable contact
40
with a child in service police protection) before paragraph (d) insert—
“(cb)
any person in whose favour an order under section 51A of the
Adoption and Children Act 2002 (post-adoption contact) is in
force with respect to the child,”.

Children and Families Bill
Part 2 — Family justice
9

Promotion of educational achievement of children looked after by local authorities
9
Promotion of educational achievement of children looked after by local
authorities
In the Children Act 1989, in section 22 after subsection (3A) (duty of local
authorities to promote the educational achievement of looked after children)
5
insert—
“(3B)
A local authority in England must appoint at least one person for the
purpose of discharging the duty imposed by virtue of subsection (3A).
(3C)
A person appointed by a local authority under subsection (3B) must be
an officer employed by that authority or another local authority in
10
England.”
Part 2
Family justice
10
Family mediation information and assessment meetings
(1)
Before making a relevant family application, a person must attend a family
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mediation information and assessment meeting.
(2)
Family Procedure Rules—
(a)
may provide for subsection (1) not to apply in circumstances specified
in the Rules,
(b)
may make provision about convening a family mediation information
20
and assessment meeting, or about the conduct of such a meeting,
(c)
may make provision for the court not to issue, or otherwise deal with,
an application if, in contravention of subsection (1), the applicant has
not attended a family mediation information and assessment meeting,
and
25
(d)
may provide for a determination as to whether an applicant has
contravened subsection (1) to be made after considering only evidence
of a description specified in the Rules.
(3)
In this section—
“the court” means the High Court or the family court;
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“family mediation information and assessment meeting”, in relation to a
relevant family application, means a meeting held for the purpose of
enabling information to be provided about—
(a)
mediation of disputes of the kinds to which relevant family
applications relate,
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(b)
ways in which disputes of those kinds may be resolved
otherwise than by the court, and
(c)
the suitability of mediation, or of any such other way of
resolving disputes, for trying to resolve any dispute to which
the particular application relates;
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“family proceedings” has the same meaning as in section 75 of the Courts
Act 2003;
“relevant family application” means an application that—
(a)
is made to the court in, or to initiate, family proceedings, and

Children and Families Bill
Part 2 — Family justice
10

(b)
is of a description specified in Family Procedure Rules.
(4)
This section is without prejudice to sections 75 and 76 of the Courts Act 2003
(power to make Family Procedure Rules).
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Welfare of the child: parental involvement
(1)
Section 1 of the Children Act 1989 (welfare of the child) is amended as follows.
5
(2)
After subsection (2) insert—
“(2A)
A court, in the circumstances mentioned in subsection (4)(a) or (7), is as
respects each parent within subsection (6)(a) to presume, unless the
contrary is shown, that involvement of that parent in the life of the child
concerned will further the child’s welfare.”
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(3)
After subsection (5) insert—
“(6)
In subsection (2A) “parent” means parent of the child concerned; and,
for the purposes of that subsection, a parent of the child concerned—
(a)
is within this paragraph if that parent can be involved in the
child’s life in a way that does not put the child at risk of
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suffering harm; and
(b)
is to be treated as being within paragraph (a) unless there is
some evidence before the court in the particular proceedings to
suggest that involvement of that parent in the child’s life would
put the child at risk of suffering harm whatever the form of the
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involvement.
(7)
The circumstances referred to are that the court is considering whether
to make an order under section 4(1)(c) or (2A) or 4ZA(1)(c) or (5)
(parental responsibility of parent other than mother).”
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Child arrangements orders
25
(1)
Section 8(1) of the Children Act 1989 is amended as follows.
(2)
Omit the definitions of “contact order” and “residence order”.
(3)
After “In this Act—” insert—
““child arrangements order” means an order regulating
arrangements relating to any of the following—
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(a)
with whom a child is to live, spend time or otherwise
have contact, and
(b)
when a child is to live, spend time or otherwise have
contact with any person;”.
(4)
Schedule 2 (amendments relating to child arrangements orders) has effect.
35
13
Control of expert evidence, and of assessments, in children proceedings
(1)
A person may not without the permission of the court instruct a person to
provide expert evidence for use in children proceedings.
(2)
Where in contravention of subsection (1) a person is instructed to provide
expert evidence, evidence resulting from the instructions is inadmissible in
40
children proceedings unless the court rules that it is admissible.

Children and Families Bill
Part 2 — Family justice
11

(3)
A person may not without the permission of the court cause a child to be
medically or psychiatrically examined or otherwise assessed for the purposes
of the provision of expert evidence in children proceedings.
(4)
Where in contravention of subsection (3) a child is medically or psychiatrically
examined or otherwise assessed, evidence resulting from the examination or
5
other assessment is inadmissible in children proceedings unless the court rules
that it is admissible.
(5)
In children proceedings, a person may not without the permission of the court
put expert evidence (in any form) before the court.
(6)
The court may give permission as mentioned in subsection (1), (3) or (5) only if
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the court is of the opinion that the expert evidence is necessary to assist the
court to resolve the proceedings justly.
(7)
When deciding whether to give permission as mentioned in subsection (1), (3)
or (5) the court is to have regard in particular to—
(a)
any impact which giving permission would be likely to have on the
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welfare of the children concerned, including in the case of permission
as mentioned in subsection (3) any impact which any examination or
other assessment would be likely to have on the welfare of the child
who would be examined or otherwise assessed,
(b)
the issues to which the expert evidence would relate,
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(c)
the questions which the court would require the expert to answer,
(d)
what other expert evidence is available (whether obtained before or
after the start of proceedings),
(e)
whether evidence could be given by another person on the matters on
which the expert would give evidence,
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(f)
the impact which giving permission would be likely to have on the
timetable for, and duration and conduct of, the proceedings,
(g)
the cost of the expert evidence, and
(h)
any matters prescribed by Family Procedure Rules.
(8)
References in this section to providing expert evidence, or to putting expert
30
evidence before a court, do not include references to—
(a)
the provision or giving of evidence—
(i)
by a person who is a member of the staff of a local authority or
of an authorised applicant,
(ii)
in proceedings to which the authority or authorised applicant is
35
a party, and
(iii)
in the course of the person’s work for the authority or
authorised applicant,
(b)
the provision or giving of evidence—
(i)
by a person within a description prescribed for the purposes of
40
subsection (1) of section 94 of the Adoption and Children Act
2002 (suitability for adoption etc.), and
(ii)
about the matters mentioned in that subsection,
(c)
the provision or giving of evidence by an officer of the Children and
Family Court Advisory and Support Service when acting in that
45
capacity, or
(d)
the provision or giving of evidence by a Welsh family proceedings
officer (as defined by section 35(4) of the Children Act 2004) when
acting in that capacity.

Children and Families Bill
Part 2 — Family justice
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(9)
In this section—
“authorised applicant” means—
(a)
the National Society for the Prevention of Cruelty to Children,
or
(b)
a person authorised by an order under section 31 of the
5
Children Act 1989 to bring proceedings under that section;
“child” means a person under the age of 18;
“children proceedings” has such meaning as may be prescribed by Family
Procedure Rules;
“the court”, in relation to any children proceedings, means the court in
10
which the proceedings are taking place;
“local authority”—
(a)
in relation to England means—
(i)
a county council,
(ii)
a district council for an area for which there is no county
15
council,
(iii)
a London borough council,
(iv)
the Common Council of the City of London, or
(v)
the Council of the Isles of Scilly, and
(b)
in relation to Wales means a county council or a county borough
20
council.
(10)
The preceding provisions of this section are without prejudice to sections 75
and 76 of the Courts Act 2003 (power to make Family Procedure Rules).
(11)
In section 38 of the Children Act 1989 (court’s power to make interim care and
supervision orders, and to give directions as to medical examination etc. of
25
children) after subsection (7) insert—
“(7A)
A direction under subsection (6) to the effect that there is to be a
medical or psychiatric examination or other assessment of the child
may be given only if the court is of the opinion that the examination or
other assessment is necessary to assist the court to resolve the
30
proceedings justly.
(7B)
When deciding whether to give a direction under subsection (6) to that
effect the court is to have regard in particular to—
(a)
any impact which any examination or other assessment would
be likely to have on the welfare of the child, and any other
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impact which giving the direction would be likely to have on
the welfare of the child,
(b)
the issues with which the examination or other assessment
would assist the court,
(c)
the questions which the examination or other assessment would
40
enable the court to answer,
(d)
the evidence otherwise available,
(e)
the impact which the direction would be likely to have on the
timetable, duration and conduct of the proceedings,
(f)
the cost of the examination or other assessment, and
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(g)
any matters prescribed by Family Procedure Rules.”