S.S.C.
Amendment Paper as at
Thursday 29th November 2001
SPECIAL STANDING COMMITTEE
ADOPTION AND CHILDREN BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee (27th November).
Clause No. 18 (Placing children with parental consent).
42
Amendment (No. 42) proposed, in page 12, line 35, after the word 'child', to insert the words 'with reference having been made to the expressed wishes of the child himself (considered in the light of the child's age and understanding)'.—(Mr Tim Loughton.)
Question proposed, That the Amendment be made.
Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier
41
Clause 18, page 12, line 37, after 'identified', insert '(directly or indirectly)'.
Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier
46
Clause 19, page 13, line 25, after 'section', insert 'and will be given a written explanation as to the timing and procedure by which consent can be withdrawn.'.
Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier
45
Clause 19, page 13, line 26, leave out from 'section' to end of line 30 and insert 'will automatically be informed by the adoption agency of any application for an adoption order unless he has withdrawn his right to receive such information.'.
Sandra Gidley
32
Clause 20, page 13, line 36, leave out subsection (1) and insert—
'(1) A placement order is an order made by the court authorising a local authority—
(a) to place a child for adoption with any prospective adopters who may be chosen by the authority; or
(b) if the child is already living with the prospective adopters, with the prospective adopters named in the order.'.
Sandra Gidley
33
Clause 20, page 13, line 42, after 'met', insert 'in which case if the court makes a placement order it shall also make a care order'.
Sandra Gidley
34
Clause 20, page 14, line 5, after 'authority', insert 'or, as the case may be, with prospective adopters with whom the child is already living'.
Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier
96
Clause 20, page 14, line 6, after 'with', insert 'and every effort has been made to inform each parent or guardian or other persons holding parental responsibility.'.
Sandra Gidley
35
Clause 20, page 14, line 10, after 'adoption', insert 'or special guardianship'.
Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier
43
Clause 20, page 14, line 11, at end insert—
'(d) 2 years after it is issued at which time it must be reviewed.'.
Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier
56
Clause 20, page 14, line 12, at end add—
'(5) The child shall, being of 5 years of age or more, be a party to proceedings relating to the placement orders unless the child has consented to waive his or her rights to be a party.'.
Mr Jonathan Djanogly
85
Clause 20, page 14, line 12, at end add—
'(5) The court may only make a placement order, in respect of a child of 10 years or more, if the child has agreed to the order or the court has dispensed with the child's agreement.
(6) The child shall, being of 5 years of age or more, be a party to proceedings relating to placement orders unless the child has consented to waive his or her rights to be a party.'.
Sandra Gidley
36
Clause 21, page 14, line 34, leave out subsection (4).
Mr Jonathan Djanogly
114
Clause 23, page 15, line 22, leave out subsection (2).
Sandra Gidley
Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier
37
Clause 23, page 15, line 27, leave out subsection 2(c).
Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier
44
Clause 23, page 15, line 29, leave out subsection (3).
Mr Jonathan Djanogly
81
Clause 24, page 16, line 5, at end add—
'(5) There shall be established a procedure under which any parent or guardian or any of the prospective adopters may apply to the panel, constituted pursuant to section 12, for a review or initiation of any determination pursuant to subsection (4).'.
Mr Jonathan Djanogly
109
Clause 24, page 16, line 5, at end add—
'(5) There shall be established a procedure under which any parent or guardian or any of the prospective adopters may apply to the panel, constituted pursuant to section 12, for a review or initiation of any determination pursuant to subsection (4).'.
Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier
60
Clause 25, page 16, line 16, at end insert 'or sibling'.
Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier
62
Clause 25, page 16, line 31, after 'contact', insert 'or non-contact'.
Mr Jonathan Djanogly
79
Clause 25, page 16, line 35, at end insert 'and at the time of making an Adoption Order the court shall be required to reconsider whether any such order and any other existing contact arrangements are appropriate.'.
Mr Jonathan Djanogly
54
Clause 25, page 16, line 38, at end add—
'(8) In circumstances where no contact provisions are made pursuant to this section, the court shall be required to have regard to section 1(4)(f) when making a placement order.'.
Mr Jonathan Djanogly
80
Clause 25, page 16, line 38, at end add—
'(8) In considering any provisions for contact pursuant to this section, in circumstances where the child is aged 10 or more, the court must consider the wishes and feelings of the child.
(9) A child aged 10 or more shall have the right to apply to the court to have reviewed any existing arrangements relating to contact pursuant to this section.'.
Mr Jonathan Djanogly
101
Clause 25, page 16, line 38, at end add—
'( ) In considering any provisions for contact pursuant to this section, the court must consider the ascertainable wishes and feelings of the child (considered in the light of the child's age and understanding'.
Mr Jonathan Djanogly
102
Clause 25, page 16, line 38, at end add—
'(8) A child aged 10 years or more shall have the right to apply to the court to have reviewed any existing arrangements relating to contact pursuant to this section'.
Sandra Gidley
38
Clause 28, page 17, line 42, leave out subsection (1).
Sandra Gidley
Mr Jonathan Djanogly
39
Clause 30, page 19, line 14, leave out '14' and insert '7'.
Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier
63
Clause 31, page 19, line 32, leave out '14' and insert '7'.
Mr Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier
117
Clause 40, page 24, line 19, leave out '(3)(d)' and insert '(2)(d)'.
Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier
48
Clause 50, page 30, line 8, after 'with', insert—
'(c) the parent or guardian has been given information in writing relating to all alternatives to adoption that are available.'.
Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier
47
Clause 50, page 30, line 19, leave out 'freely' and insert 'without improper duress or inducement.'.
Mr Andrew Turner
9
Clause 50, page 30, line 19, after 'unconditionally', insert ', in the presence of an independent legally qualified witness'.
Mr Jonathan Djanogly
57
Clause 50, page 30, line 35, at end add—
'(10) The court may only make an adoption order, in respect of a child of 10 years or more, if the child has agreed to the order or the court has dispensed with the child's agreement.'.
