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Column 528child welfare. It is almost inevitable that the consequence of the amendments and of the Bill will be greatly to increase the need for guardians ad litem. There will have to be significant increases in the numbers of people available to fill that role.
The Minister will recognise that in most, and probably all, parts of the country there are already difficulties in finding people to serve in that capacity. The panels concerned with those appointments are already stressed and the task is difficult. It is possible that the change in the law, especially the amendment to the 1933 Act, will substantially increase demand.
The Minister may prefer to comment on that matter, which could be a serious problem, on another occasion during the debate. However, I felt it appropriate to raise the matter and point out that the amendments before us could create real difficulties. I know that a number of directors of social services are extremely anxious. I hope that the Minister can offer the House and those responsible for such appointments some relief from their serious anxiety.
Amendment agreed to.
7A.--(1) Section 40 of the Education Act 1944 (enforcement of school attendance) shall be amended as follows.
(2) For subsection (2) there shall be substituted--
"(2) Proceedings for such offences shall not be instituted except by a local education authority.
(2A) Before instituting such proceedings the local education authority shall consider whether it would be appropriate, instead of or as well as instituting the proceedings, to apply for an education supervision order with respect to the child."
(3) For subsections (3) and (4) there shall be substituted-- "(3) The court --
(a) by which a person is convicted of an offence under section 37 of this Act ; or
(b) before which a person is charged with an offence under section 39 of this Act,
may direct the local education authority instituting the proceedings to apply for an education supervision order with respect to the child unless the authority, having consulted the appropriate local authority, decide that the child's welfare will be satisfactorily safeguarded even though no education supervision order is made.
(3A) Where, following such a direction, a local education authority decide not to apply for an education supervision order they shall inform the court of the reasons for their decision. (3B) Unless the court has directed otherwise, the information required under subsection (3A) shall be given to the court before the end of the period of eight weeks beginning with the date on which the direction was given.
(a) a local education authority apply for an educational supervision order with respect to a child who is the subject of a school attendance order ; and
(b) the court decides that section 33(3) of the Children Act 1989 prevents it from making the order ;
Column 529the court may direct that the school attendance order shall cease to be in force."
(4) After subsection (4) there shall be inserted
"(5) In this section--
appropriate authority' has the same meaning as in section 33(9) of the Children Act 1989 ; and
education supervision order' means an education supervision order under that Act."
7B. In section 71 of that Act (complaints with respect to independent schools), the following paragraph shall be added after paragraph (d), in subsection (1)--
"(e) there has been a failure, in relation to a child provided with accommodation by the school, to comply with the duty imposed by section (Welfare of children accommodated in independent schools) of the Children Act 1989 (welfare of children accommodated in independent schools);"
7C. After section 114(1C) of that Act (interpretation) there shall be inserted the following subsections--
"(1D) Parent', in relation to a child or young person, includes any person- -
(a) who is not a parent of his but who has parental responsibility for him, or
(b) who has care of him,
except for the purposes of the enactments mentioned in subsection (1E) of this section, where it only includes such a person if he is an individual.
(1E) The enactments are--
(a) sections 5(4), 15(2) and (6), 31 and 65(1) of the Education (No. 2) Act 1986; and
(b) sections 53(8), 54(2), 58(5)(k), 60 and 61 of the Education Reform Act 1988.
(1F) For the purposes of subsection (1D) of this section (
(a) parental responsibility' has the same meaning as in the Children Act 1989; and
(b) in determining whether an individual has care of a child or young person any absence of the child or young person at a hospital or boarding school and any other temporary absence shall be disregarded." '
Amendment agreed to.
Amendments made : No. 347, in page 143, leave out lines 27 to 45. No. 425, in page 143, line 45, at end insert--
For section 2(1)(d) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (cases in which leave of the appropriate court is required before enforcing certain orders for the payment of money), there shall be substituted
"(d) an order for alimony, maintenance or other payment made under sections 21 to 33 of the Matrimonial Causes Act 1973 or made, or having effect as if made, under Schedule 1 to the Children Act 1989".'.
No. 245, in page 144, line 6, at end insert--
. In section 12 of the Administration of Justice Act 1960 (publication of information relating to proceedings in private), in subsection (1) for paragraph (a) there shall be substituted--
"(a) where the proceedings--
(i) relate to the exercise of the inherent jurisdiction of the High Court with respect to minors ;
(ii) are brought under the Children Act 1998 ; or
(iii) otherwise relate wholly or mainly to the maintenance or upbringing of a minor ;".'
Column 530No. 232, in page 144, line 12, at end insert --
. In section 67(1A)(c) of the Criminal Justice Act 1967 (computation of sentences of imprisonment passed in England and Wales) for the words "in the care of a local authority" there shall be substituted "remanded to local authority accommodation".'.-- [Mr. Mellor.]
Amendment agreed to.
Amendments made : No. 344, in page 144, line 28, leave out In section 21(3) of the Social Work (Scotland) Act 1968' and insert--
In section 2(2) of the Social Work (Scotland) Act 1968 (matters referred to social work committee) after paragraph (j) there shall be inserted--
"(k) section 17 and Part X of the Children Act 1989,". 13A. In section 5(2)(c) of that Act (power of Secretary of State to make regulations) for the words "and (j)" there shall be substituted "to (k)".
13B. In section 21(3) of that Act.'.
No. 345, in page 145, column 2, leave out lines 18 to 29 and insert--
Functions under Part III of the Act (local authority support for children and families).
Care and Supervision.!
Protection of Children.!
Functions in relation to community homes, voluntary homes and voluntary organisations, registered children's homes, private arrangements for fostering children, child minding and day care for young children.!
Inspection of children's homes on behalf of Secretary of State.! Research and returns of information.!
Functions in relation to children accommodated by health authorities and local education authorities or in residential care, nursing or mental nursing homes or in independent schools.'.! No. 241, in page 146, line 3, leave out from Tribunals)' to end of line 6 and insert
for paragraph 4 there shall be substituted
"Registration of voluntary homes and children's homes under the Children Act 1989.!4. Registered Homes Tribunals constituted under Part III of the Registered Homes Act 1984.".'.
No. 346, in page 146, line 14, at end insert--
The Employment of Children Act 1973 (c. 24) 24a.--(1) In section 2 of the Employment of Children Act 1973 (supervision by education authorities), in subsection 2(a) for the words "guardian or a person who has actual custody of" there shall be substituted "any person responsible for".
(2) After that subsection there shall be inserted--
Column 531"(2A) For the purposes of subsection (2)(a) above a person is responsible for a child--
(a) in England and Wales, if he has parental responsibility for the child or care of him ; and
(b) in Scotland, if he is his guardian or has actual custody of him.".'.
No. 426, in page 146, line 14, at end insert--
"The Domicile and Matrimonial Proceedings Act 1973 (c. 45) 24B.--(1) In Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (proceedings in divorce etc. stayed by reference to proceedings in other jurisdiction), paragraph 11(1) shall be amended as follows--
(a) at the end of the definition of "lump sum" there shall be added "or an order made in equivalent circumstances under Schedule 1 to the Children Act 1989 and of a kind mentioned in paragraph 1(2) of that Schedule" ;
(b) in the definition of "relevant order", at the end of paragraph (b), there shall be added "or an order made in equivalent circumstances under Schedule 1 to the Children Act 1989 and of a kind mentioned in paragraph 1(2)(a) or (b) of that Schedule" ; (
(c) in paragraph (c) of that definition, after the word "children)" there shall be inserted "or a section 7 order under the Children Act 1989" ; and
(d) in paragraph (d) of that definition for the words "the custody, care or control" there shall be substituted "care".
(2) In paragraph 11(3) of that Schedule--
(a) the word "four" shall be omitted ; and
(b) for the words "the custody of a child and the education of a child" there shall be substituted "or any provision which could be made by a section 7 order under the Children Act 1989".'.
No. 348, in page 146, line 23, leave out In section 7(2)' and insert --(1) Section 7(2)'.
No. 349, in page 146, line 24, after Act')' insert
shall be amended as follows.
(2) For paragraph (c) there shall be substituted--
(in any proceedings relating to adoption, the marriage of any minor, the exercise of the inherent jurisdiction of the High Court with respect to minors or the provision by any person of accommodation, care or schooling for minors ;)
(in any proceedings brought under the Children Act 1989 ;".'.) (3)'
No. 350, in page 146, leave out lines 28 to 30.
No. 246, in page 146, line 30, at end insert--
"The Domestic Proceedings and Magistrates' Courts Act 1978 (c.22)-- 26A. For section 8 of the Domestic Proceedings and Magistrates' Courts Act 1978 (orders for the custody of children) there shall be substituted--
"Restrictions on making of orders under this Act : welfare of children 8. Where an application is made by a party to a marriage for an order under section 2, 6 or 7 of this Act, then, if there is a child of the family who is under the age of eighteen, the court shall not dismiss or make a final order on the application until it has decided whether to exercise any of its powers under the Children Act 1989 with respect to the child."
26B. In section 19(3A)(b) (interim orders) for the words "subsections (2) and" there shall be substituted "subsection". 26C. For section 20(12) of that Act (variation and revocation of orders for periodical payments) there shall be substituted-- "(12) An application under this section may be made- -
(a) where it is for the variation or revocation of an order under section 2, 6, 7 or 19 of this Act for periodical payments, by either party to the marriage in question ; and
(b) where it is for the variation of an order under section 2(1)(c), 6, or 7 of this Act for periodical payments to or in respect of a child, also by the child himself, if he has attained the age of sixteen."
26D.--(1) For section 20A of that Act (revival of orders for periodical payments) there shall be substituted--
Column 532"Revival of orders for periodical payments 20A.--(1) Where an order made by a magistrates' court under this Part of this Act for the making of periodical payments to or in respect of a child (other than an interim maintenance order) ceases to have effect-- (
(a) on the date on which the child attains the age of sixteen, or (
(b) at any time after that date but before or on the date on which he attains the age of eighteen,
the child may apply to the court which made the order for an order for its revival.
(2) If on such an application it appears to the courtthat-- (
(a) the child is, will be or (if an order were made under this subsection) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment, or