Vote Bundle Text (920520-03)

Amendments proposed to the Adoption and Children Bill, As Amended - continued	House of Commons

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Mr Secretary Milburn

144

Page 66, line 1 [Clause 115], at beginning insert 'Subsections (3A) and (3B) apply'.

Mr Secretary Milburn

145

Page 66, line 2 [Clause 115], leave out from 'means' to end of line 7 and insert—

'(3A) A person is not guilty of the offence unless it is proved that he knew that what was distributed was an advertisement or information to which this section applies; but this subsection only applies if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge mentioned.

(3B) A person is not guilty of the offence unless it is proved that it was reasonably practicable for him to prevent the distribution; but this subsection only applies if sufficient evidence is adduced to raise an issue as to whether it was reasonably practicable for the person to do so'.

NEW CLAUSES RELATING TO PART 2

Accommodation of children in need etc.

Mr Secretary Milburn

NC7

To move the following Clause:—

'(1) In section 17 of the 1989 Act (provision of services for children in need, their families and others), in subsection (6) (services that may be provided in exercise of the functions under that section) after "include" there is inserted "providing accommodation and ".

(2) In section 22 of that Act (general duty of local authority in relation to children looked after by them), in subsection (1) (looked after children include those provided with accommodation, with exceptions) before "23B" there is inserted "17".

(3) In section 24A of that Act (advice and assistance for certain children and young persons aged 16 or over), in subsection (5), for "or, in exceptional circumstances, cash" there is substituted "and, in exceptional circumstances, assistance may be given—

(a) by providing accommodation, if in the circumstances assistance may not be given in respect of the accommodation under section 24B, or

(b) in cash.".'.

Review of cases of looked after children

Mr Secretary Milburn

NC15

To move the following Clause:—

'(1) In section 26 of the 1989 Act (review of cases of looked after children, etc.), in subsection (2) (regulations as to reviews)—

(a) in paragraph (e), "to consider" is omitted and after "their care" there is inserted—

"(i) to keep the section 31A plan for the child under review and, if they are of the opinion that some change is required, to revise the plan, or make a new plan, accordingly,

(ii) to consider",

(b) in paragraph (f), "to consider" is omitted and after the second mention of "the authority" there is inserted—

"(i) if there is no plan for the future care of the child, to prepare one,

(ii) if there is such a plan for the child, to keep it under review and, if they are of the opinion that some change is required, to revise the plan or make a new plan, accordingly,

(iii) to consider".

"(k) for the authority to appoint a person in respect of each case to carry out in the prescribed manner the functions mentioned in subsection (2A) and any prescribed function".

(2) After that subsection there is inserted—

(a) participating in the review of the case in question,

(b) monitoring the performance of the authority's functions in respect of the review,

(c) referring the case to an officer of the Children and Family Court Advisory and Support Service, if the person appointed under subsection (2)(k) considers it appropriate to do so.

(2B) A person appointed under subsection (2)(k) must be a person of a prescribed description.

(2C) In relation to children whose cases are referred to officers under subsection (2A)(c), the Lord Chancellor may by regulations—

(a) extend any functions of the officers in respect of family proceedings (within the meaning of section 12 of the Criminal Justice and Court Services Act 2000) to other proceedings,

(b) require any functions of the officers to be performed in the manner prescribed by the regulations"'.

Meaning of "harm" in the 1989 Act

Ms Rosie Winterton

NC6

To move the following Clause:—

'In section 31 of the 1989 Act (care and supervision orders), at the end of the definition of "harm" in subsection (9) there is inserted "including, for example, impairment suffered from seeing or hearing the ill-treatment of another".'.

Advice and assistance for certain children in need

Mr Hilton Dawson
Mr Elfyn Llwyd

NC12

To move the following Clause:—

'In section 24(2) of the 1989 Act, there is inserted—

"(f) provided with accommodation under section 17 in circumstances where he was unaccompanied by an adult.".'.

Mr Secretary Milburn

Page 55, line 38 [Clause 107], after '18(1)', insert ', and sections 18(2)(b) and 20(1)(a),'.

Mr Secretary Milburn

Page 58, line 12 [Clause 111], at end insert—

'(d) a local authority foster parent with whom the child has lived for a period of at least one year immediately preceding the application.'.

Mr Secretary Milburn

293

Page 58, line 45 [Clause 111], at end insert—

'( ) This section is subject to section 28(3B) and (3C) of the Adoption and Children Act 2002.'.

Mr Secretary Milburn

Page 59, line 3 [Clause 111], after first 'made', insert—

'(a)'.

Mr Secretary Milburn

Page 59, line 4 [Clause 111], at end insert 'and

(b) any section 8 order in force with respect to the child should be varied or discharged.'.

Mr Secretary Milburn

Page 59, line 14 [Clause 111], leave out 'later order made' and insert 'other order in force with respect to the child'.

Mr Secretary Milburn

294

Page 59, line 39 [Clause 111], at end insert—

'( ) This section is subject to section 28(3D) of the Adoption and Children Act 2002.'.

Mr Secretary Milburn

Page 60, line 2 [Clause 111], at end insert—

'(ca) any individual not falling within any of paragraphs (a) to (c) who has, or immediately before the making of the special guardianship order had, parental responsibility for the child;'.

Mr Secretary Milburn

278

Page 60, [Clause 111], leave out lines 11 and 12 and insert—

'(3) The following must obtain the leave of the court before making an application under subsection (1)—

(a) the child;

(b) any parent or guardian of his;

(d) any individual falling within subsection (1)(ca) who immediately before the making of the special guardianship order had, but no longer has, parental responsibility for him.'.

Mr Secretary Milburn

279

Page 60, line 17 [Clause 111], leave out 'parent or guardian of the child' and insert 'person falling within subsection (3)(b), (c) or (d)'.

Mr Secretary Milburn

231

Page 60, line 18 [Clause 111], leave out 'of' and insert 'in'.

Mr Secretary Milburn

101

Page 60, [Clause 111], leave out lines 20 to 22.

Mr Secretary Milburn

102

Page 61, line 5 [Clause 111], leave out 'A local authority may, and in prescribed cases must,'.

Mr Secretary Milburn

103

Page 61, line 9 [Clause 111], at end insert—

'(c) any other person who falls within a prescribed description,'.

Hilton Dawson

146

Page 61, line 9 [Clause 111], at end insert—

'(c) A parent.'

Mr Secretary Milburn

104

Page 61, [Clause 111], leave out lines 10 and 11 and insert 'a local authority may carry out an assessment of that person's needs for special guardianship support services (but, if the Secretary of State so provides in regulations, they must do so if he is a person of a prescribed description, or if his case falls within a prescribed description, or if both he and his case fall within prescribed descriptions).

( ) A local authority may, at the request of any other person, carry out an assessment of that person's needs for special guardianship support services.'.

Mr Secretary Milburn

105

Page 62, [Clause 111], leave out lines 20 to 22 and insert 'any person to whom they may provide special guardianship support services'.