Children and Families Bill

Amendments
to be moved
on report

Before Clause 1

LORD NASH

 

Insert the following new Clause—

“Contact between prescribed persons and adopted person’s relatives

(1)   In section 98 of the Adoption and Children Act 2002 (pre-commencement
adoptions: information), after subsection (1) insert—

“(1A)    Regulations under section 9 may make provision for the purpose of
facilitating contact between persons with a prescribed relationship
to a person adopted before the appointed day and that person’s
relatives.”

(2)   In each of subsections (2) and (3) of that section, for “that purpose”
substitute “a purpose within subsection (1) or (1A)”.

(3)   In subsection (7) of that section, after the definition of “appointed day”
insert—

““prescribed” means prescribed by regulations under
section 9;”.”

Clause 3

LORD NASH

 

Page 3, line 2, at end insert—

“(2)   The Secretary of State may not give a direction under subsection (1) of
section 3A of the Adoption and Children Act 2002 (as inserted by
subsection (1)) to all local authorities in England before 1 March 2015.”

Clause 9

LORD NASH

 

Transpose Clause 9 to after Clause 80

After Clause 14

LORD LLOYD OF BERWICK

 

Insert the following new Clause—

“Care proceedings: standard of proof

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

(2)   In section 31 (care and supervision), after subsection (2) insert—

“(2A)    Subsection (2) above shall be interpreted so as to permit a court to
infer that a child is likely to suffer significant harm from the sole fact
that the child is, or will be, living with a person who is a possible
perpetrator of significant harm to another child.

(2B)   For the purposes of subsection (2A), a person (the person
concerned) is to be treated as a “possible perpetrator” if—

(a)   a child has suffered significant harm;

(b)   the court is unable to identify the actual perpetrator of the
said harm but identifies a list of possible perpetrators by
finding (in relation to each such person) that there is a real
possibility that he caused significant harm to the child; and

(c)   the person concerned is one of the persons on the said list.””

Clause 118

LORD NASH

 

Page 123, line 2, at end insert—

“(1A)    Section (Contact between prescribed persons and adopted person’s relatives)—

(a)   so far as it relates to England, comes into force on such day as the
Secretary of State appoints by order, and

(b)   so far as it relates to Wales, comes into force on such day as the
Welsh Ministers appoint by order.”

 

Page 123, line 9, after “subsection” insert “(1A),”

Prepared 3rd December 2013