Children and Families Bill (HL Bill 59)

A

BILL

[AS AMENDED IN GRAND COMMITTEE]

TO

Make provision about children, families, and people with special educational
needs; to make provision about the right to request flexible working; and for
connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

Part 1 Adoption and children looked after by local authorities

Adoption

1 Placement of looked after children with prospective adopters

(1) 5Section 22C of the Children Act 1989 is amended as follows.

(2) In subsection (7), after “subject to” insert “subsection (9B) and”.

(3) After subsection (9) insert—

(9A) Subsection (9B) applies (subject to subsection (9C)) where the local
authority are a local authority in England and—

(a) 10are considering adoption for C, or

(b) are satisfied that C ought to be placed for adoption but are not
authorised under section 19 of the Adoption and Children Act
2002 (placement with parental consent) or by virtue of section
21 of that Act (placement orders) to place C for adoption.

(9B) 15Where this subsection applies—

(a) subsections (7) to (9) do not apply to the local authority,

Children and Families BillPage 2

(b) the local authority must consider placing C with an individual
within subsection (6)(a), and

(c) where the local authority decide that a placement with such an
individual is not the most appropriate placement for C, the local
5authority must consider placing C with a local authority foster
parent who has been approved as a prospective adopter.

(9C) Subsection (9B) does not apply where the local authority have applied
for a placement order under section 21 of the Adoption and Children
Act 2002 in respect of C and the application has been refused.

2 10Repeal of requirement to give due consideration to ethnicity: England

(1) Section 1 of the Adoption and Children Act 2002 (considerations applying
when making decisions about the adoption of a child) is amended as follows.

(2) In subsection (5) (due consideration to be given to religious persuasion, racial
origin and cultural and linguistic background), for “In placing the child for
15adoption, the adoption agency” substitute “In placing a child for adoption, an
adoption agency in Wales”.

(3) In consequence of the amendment made by subsection (2)—

(a) in subsection (1), for “This section applies” substitute “Subsections (2)
to (4) apply”;

(b) 20in subsection (6), for “The court or adoption agency” substitute “In
coming to a decision relating to the adoption of a child, a court or
adoption agency”;

(c) After subsection (8) insert—

(9) In this section “adoption agency in Wales” means an adoption
25agency that is—

(a) a local authority in Wales, or

(b) a registered adoption society whose principal office is in
Wales.

3 Recruitment, assessment and approval of prospective adopters

30In Chapter 2 of Part 1 of the Adoption and Children Act 2002 (the Adoption
Service) after section 3 insert—

3A Recruitment, assessment and approval of prospective adopters

(1) The Secretary of State may give directions requiring local authorities in
England to make arrangements for all or any of their functions within
35subsection (2) to be carried out on their behalf by one or more other
adoption agencies.

(2) The functions are their functions in relation to—

(a) the recruitment of persons as prospective adopters;

(b) the assessment of prospective adopters’ suitability to adopt a
40child;

(c) the approval of prospective adopters as suitable to adopt a
child.

(3) Directions under subsection (1) may be given to—

(a) one or more named local authorities in England,

Children and Families BillPage 3

(b) one or more descriptions of local authority in England, or

(c) all local authorities in England.

4 Adoption support services: personal budgets

In Chapter 2 of Part 1 of the Adoption and Children Act 2002 (the Adoption
5Service) after section 4 insert—

4A Adoption support services: personal budgets

(1) This section applies where—

(a) after carrying out an assessment under section 4, a local
authority in England decide to provide any adoption support
10services to a person (“the recipient”), and

(b) the recipient is an adopted person or the parent of an adopted
person.

(2) The local authority must prepare a personal budget for the recipient if
asked to do so by the recipient or (in prescribed circumstances) a person
15of a prescribed description.

(3) The authority prepare a “personal budget” for the recipient if they
identify an amount as available to secure the adoption support services
that they have decided to provide, with a view to the recipient being
involved in securing those services.

(4) 20Regulations may make provision about personal budgets, in
particular—

(a) about requests for personal budgets;

(b) about the amount of a personal budget;

(c) about the sources of the funds making up a personal budget;

(d) 25for payments (“direct payments”) representing all or part of a
personal budget to be made to the recipient, or (in prescribed
circumstances) a person of a prescribed description, in order to
secure any adoption support services to which the budget
relates;

(e) 30about the description of adoption support services to which
personal budgets and direct payments may (and may not)
relate;

(f) for a personal budget or direct payment to cover the agreed cost
of the adoption support services to which the budget or
35payment relates;

(g) about when, how, to whom and on what conditions direct
payments may (and may not) be made;

(h) about when direct payments may be required to be repaid and
the recovery of unpaid sums;

(i) 40about conditions with which a person or body making direct
payments must comply before, after or at the time of making a
direct payment;

(j) about arrangements for providing information, advice or
support in connection with personal budgets and direct
45payments.

(5) If the regulations include provision authorising direct payments, they
must—

Children and Families BillPage 4

(a) require the consent of the recipient, or (in prescribed
circumstances) a person of a prescribed description, to be
obtained before direct payments are made;

(b) require the authority to stop making direct payments where the
5required consent is withdrawn.

(6) Any adoption support services secured by means of direct payments
made by a local authority are to be treated as adoption support services
provided by the authority for all purposes, subject to any prescribed
conditions or exceptions.

(7) 10On the occasion of the first exercise of the power to make regulations
under this section—

(a) the statutory instrument containing the regulations is not to be
made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament, and

(b) 15accordingly section 140(2) does not apply to the instrument.

(8) In this section “prescribed” means prescribed by regulations.

5 Adoption support services: duty to provide information

In Chapter 2 of Part 1 of the Adoption and Children Act 2002 (the Adoption
Service) after section 4A (as inserted by section 4) insert—

4B 20Adoption support services: duty to provide information

(1) Except in circumstances prescribed by regulations, a local authority in
England must provide the information specified in subsection (2) to—

(a) any person who has contacted the authority to request
information about adopting a child,

(b) 25any person who has informed the authority that he or she
wishes to adopt a child,

(c) any person within the authority’s area who the authority are
aware is a parent of an adopted child, and

(d) any person within the authority’s area who is a parent of an
30adopted child and has contacted the authority to request any of
the information specified in subsection (2).

(2) The information is—

(a) information about the adoption support services available to
people in the authority’s area;

(b) 35information about the right to request an assessment under
section 4 (assessments etc for adoption support services), and
the authority’s duties under that section and regulations made
under it;

(c) information about the authority’s duties under section 4A
40(adoption support services: personal budgets) and regulations
made under it;

(d) any other information prescribed by regulations.

6 The Adoption and Children Act Register

(1) The Adoption and Children Act 2002 is amended as follows.

Children and Families BillPage 5

(2) In section 125 (Adoption and Children Act Register)—

(a) in subsection (1)(a), after “children who are suitable for adoption”
insert “, children for whom a local authority in England are considering
adoption”;

(b) 5in subsection (3), after “search” insert “(subject to regulations under
section 128A)”.

(3) In section 128 (supply of information for the register), in subsection (4)(b), after
“children suitable for adoption” insert “or for whom a local authority in
England are considering adoption”.

(4) 10After section 128 insert—

128A Search and inspection of the register by prospective adopters

(1) Regulations may make provision enabling prospective adopters who
are suitable to adopt a child to search and inspect the register, for the
purposes of assisting them to find a child for whom they would be
15appropriate adopters.

(2) Regulations under subsection (1) may make provision enabling
prospective adopters to search and inspect only prescribed parts of the
register, or prescribed content on the register.

(3) Access to the register for the purpose of searching and inspecting it may
20be granted on any prescribed terms and conditions.

(4) Regulations may prescribe the steps to be taken by prospective
adopters in respect of information received by them as a result of
searching or inspecting the register.

(5) Regulations may make provision requiring prospective adopters, in
25prescribed circumstances, to pay a prescribed fee to the Secretary of
State or the registration organisation in respect of searching or
inspecting the register.

(6) On the occasion of the first exercise of the power to make regulations
under this section—

(a) 30the statutory instrument containing the regulations is not to be
made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament, and

(b) accordingly section 140(2) does not apply to the instrument.

(5) In section 129 (disclosure of information), in subsection (2)(a) after “suitable for
35adoption” insert “or for whom a local authority in England is considering
adoption”.

(6) In section 140(7) (power for subordinate legislation to make different provision
for different purposes) after “purposes” insert “or areas”.

(7) In section 97 of the Children Act 1989 (privacy for children involved in certain
40proceedings), after subsection (6) insert—

(6A) It is not a contravention of this section to—

(a) enter material in the Adoption and Children Act Register
(established under section 125 of the Adoption and Children
Act 2002), or

Children and Families BillPage 6

(b) permit persons to search and inspect that register pursuant to
regulations made under section 128A of that Act.

(8) Schedule 1 (amendments to the Adoption and Children Act 2002 to provide for
the Adoption and Children Act Register not to apply to Wales and Scotland
5and to remove the requirement to make provision for that register by Order in
Council, and other related amendments) has effect.

Contact

7 Contact: children in care of local authorities

(1) Section 34 of the Children Act 1989 (parental contact etc with children in care)
10is amended as follows.

(2) In subsection (1), after “subject to the provisions of this section” insert “and
their duty under section 22(3)(a)”.

(3) After subsection (6) insert—

(6A) Where (by virtue of an order under this section, or because subsection
15(6) applies) a local authority in England are authorised to refuse to
allow contact between the child and a person mentioned in any of
paragraphs (a) to (c) of paragraph 15(1) of Schedule 2, paragraph 15(1)
of that Schedule does not require the authority to endeavour to
promote contact between the child and that person.

(4) 20In subsection (8), before paragraph (a) insert—

(za) what a local authority in England must have regard to in
considering whether contact between a child and a person
mentioned in any of paragraphs (a) to (d) of subsection (1) is
consistent with safeguarding and promoting the child’s
25welfare;.

(5) In subsection (11) after “Before” insert “making, varying or discharging an
order under this section or”.

8 Contact: post-adoption

(1) After section 51 of the Adoption and Children Act 2002 insert—

30Post-adoption contact
51A Post-adoption contact

(1) This section applies where—

(a) an adoption agency has placed or was authorised to place a
child for adoption, and

(b) 35the court is making or has made an adoption order in respect of
the child.

(2) When making the adoption order or at any time afterwards, the court
may make an order under this section—

(a) requiring the person in whose favour the adoption order is or
40has been made to allow the child to visit or stay with the person
named in the order under this section, or for the person named

Children and Families BillPage 7

in that order and the child otherwise to have contact with each
other, or

(b) prohibiting the person named in the order under this section
from having contact with the child.

(3) 5The following people may be named in an order under this section—

(a) any person who (but for the child’s adoption) would be related
to the child by blood (including half-blood), marriage or civil
partnership;

(b) any former guardian of the child;

(c) 10any person who had parental responsibility for the child
immediately before the making of the adoption order;

(d) any person who was entitled to make an application for an
order under section 26 in respect of the child (contact with
children placed or to be placed for adoption) by virtue of
15subsection (3)(c), (d) or (e) of that section;

(e) any person with whom the child has lived for a period of at least
one year.

(4) An application for an order under this section may be made by—

(a) a person who has applied for the adoption order or in whose
20favour the adoption order is or has been made,

(b) the child, or

(c) any person who has obtained the court’s leave to make the
application.

(5) In deciding whether to grant leave under subsection (4)(c), the court
25must consider—

(a) any risk there might be of the proposed application disrupting
the child’s life to such an extent that he or she would be harmed
by it (within the meaning of the 1989 Act),

(b) the applicant’s connection with the child, and

(c) 30any representations made to the court by—

(i) the child, or

(ii) a person who has applied for the adoption order or in
whose favour the adoption order is or has been made.

(c)(c)any representations made to the court by—

(i) 35the child, or

(ii) a person who has applied for the adoption order or in
whose favour the adoption order is or has been made.

(6) When making an adoption order, the court may on its own initiative
make an order of the type mentioned in subsection (2)(b).

(7) 40The period of one year mentioned in subsection (3)(e) need not be
continuous but must not have begun more than five years before the
making of the application.

(8) Where this section applies, an order under section 8 of the 1989 Act may
not make provision about contact between the child and any person
45who may be named in an order under this section.

51B Orders under section 51A: supplementary

(1) An order under section 51A

(a) may contain directions about how it is to be carried into effect,

(b) may be made subject to any conditions the court thinks
50appropriate,

Children and Families BillPage 8

(c) may be varied or revoked by the court on an application by the
child, a person in whose favour the adoption order was made or
a person named in the order, and

(d) has effect until the child’s 18th birthday, unless revoked.

(2) 5Subsection (3) applies to proceedings—

(a) on an application for an adoption order in which—

(i) an application is made for an order under section 51A,
or

(ii) the court indicates that it is considering making such an
10order on its own initiative;

(b) on an application for an order under section 51A;

(c) on an application for such an order to be varied or revoked.

(3) The court must (in the light of any rules made by virtue of subsection
(4))—

(a) 15draw up a timetable with a view to determining without delay
whether to make, (or as the case may be) vary or revoke an
order under section 51A, and

(b) give directions for the purpose of ensuring, so far as is
reasonably practicable, that that timetable is adhered to.

(4) 20Rules of court may—

(a) specify periods within which specified steps must be taken in
relation to proceedings to which subsection (3) applies, and

(b) make other provision with respect to such proceedings for the
purpose of ensuring, so far as is reasonably practicable, that the
25court makes determinations about orders under section 51A
without delay.

(2) In section 1 of the Adoption and Children Act 2002 (considerations applying to
the exercise of powers relating to the adoption of a child), in subsection (7)(a)
after “section 26” insert “or 51A”.

(3) 30In 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) 35In 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;.

(6) 40In 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—

(a) 45it has jurisdiction under the Council Regulation or the Hague
Convention, or

Children and Families BillPage 9

(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
making certain orders with respect to children) after “order” insert “or an order
5under 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)
insert—

(db) 10any 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
service family child assessment order) before paragraph (e) insert—

(db) 15any 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
with a child subject to a protection order) before paragraph (d) insert—

(cb) 20any 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
with a child in service police protection) before paragraph (d) insert—

(cb) 25any 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,.

(12) In Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (civil legal services)—

(a) 30in paragraph 12(9) (victims of domestic violence and family matters), in
the definition of “family enactment” after paragraph (o) insert—

  • “( p)

    section 51A of the Adoption and Children Act
    2002 (post-adoption contact orders)., and

(b) in paragraph 13(1) (protection of children and family matters) after
35paragraph (f) insert—

(g) orders under section 51A of the Adoption and
Children Act 2002 (post-adoption contact).

Promotion of educational achievement of children looked after by local authorities

9 Promotion of educational achievement of children looked after by local
40authorities

In the Children Act 1989, in section 22 after subsection (3A) (duty of local
authorities to promote the educational achievement of looked after children)
insert—

(3B) A local authority in England must appoint at least one person for the
45purpose of discharging the duty imposed by virtue of subsection (3A).