| Amendments proposed to the Children Bill [Lords] - continued | House of Commons |
| back to previous text | |
|
Appointment of designated liaison officer by housing authorities
Annette Brooke NC39 To move the following Clause:—'Any housing authority for the area covered by the children's service authority must appoint a designated officer to liaise between all registered social housing providers within the housing authority area and the children's service authority.'.
Equal opportunities (No. 2) |
| "(1A) | In respect of subsection (1)(a) above the court shall, unless a contrary reason be shown, act on the presumption that a child's welfare is best served through residence with its parents and if its parents are not living together, through residence with one of them and through both of them being as fully and equally involved in his parenting as possible.".'. |
Duty to assess need for services under Part 3 of the Children Act 1989
Annette Brooke
Mr Roger Williams
NC43
To move the following Clause:—'(1) The Children Act 1989 (c. 41) is amended as follows.
(2) After section 17B there is inserted—
"17C Duty to assess need for services under Part 3
(1) A local authority must at the request of—
| (a) | any child who is in need as defined in section 17(10) and (11), or |
| (b) | any person caring for, or who proposes to care for, such a child, or |
| (c) | any person who has parental responsibility for such a child, |
carry out an assessment of the child's or person's needs for services in relation to the child.
(2) A local authority may, at the request of any other person, carry out an assessment of that person's needs for services in relation to a child in need.
(3) Where, as a result of an assessment, a local authority decides that a child has needs for services under this Part, the local authority must then decide whether to provide any such services to that child.
(4) If a local authority decides to provide any services to a child under this Part, the local authority must prepare a plan in accordance with which services are to be provided to the person and keep the plan under review.
(5) Any service provided under this section may be provided for the family of a particular child in need or for any member of his family, if it is provided with a view to safeguarding or promoting the child's welfare.
(6) Regulations may make provision about assessments, preparing and reviewing plans, the provision of services in accordance with plans and reviewing the provision of services.'.
Judicial responsibility for child welfare
Mr Andrew Turner
NC44
To move the following Clause:—'(1) In all proceedings affecting access to children, the courts shall have regard to the desirability of a child having appropriate access to parents, siblings and grandparents.
(2) Nothing in this section shall affect—
| (a) | a court's power to impose a custodial sentence where appropriate; or |
| (b) | the Home Secretary's power to deport an alien.'. |
Allegations of ill-treatment made in proceedings under section 8 of the Children Act 1989
Mr Hilton Dawson
NC45
To move the following Clause:—'(1) The Children Act 1989 (c. 41) is amended as follows:
(2) After section 8 insert—
"8A Allegations of ill-treatment made in section 8 proceedings
(1) Where it is alleged that a party to section 8 proceedings has inflicted ill-treatment on the child or on another person, the Court shall, as soon as practicable, determine on the basis of the evidence presented to it by or on behalf of the parties to the proceedings, whether the allegation of ill-treatment is proved.
(2) Where the Court is satisfied that a party to the proceedings (in this section referred to as the abusive party) has inflicted ill-treatment on the child or on another person, the Court shall not—
| (a) | make any order granting the abusive party residence of the child; or |
| (b) | make any order granting the abusive party contact (other than supervised contact) with that child, |
unless the Court is satisfied that the child will be safe while the abusive party has residence of or contact with the child.
(3) Notwithstanding subsection (1), where in any section 8 proceedings—
| (a) | the Court is unable to determine on the basis of the evidence presented to it by or on behalf of the parties to the proceedings whether or not an allegation of ill-treatment is proved; but |
| (b) | the Court is satisfied that there is a risk of harm to the child, |
the Court may make any order under this Act that it considers appropriate to protect the child.".'.
Mandatory risk assessment checklist for purposes of Part 2 of the Children Act 1989
Mr Hilton Dawson
NC46
To move the following Clause:—'(1) The Children Act 1989 (c. 41) is amended as follows.
(2) After section 8 insert—
"8B Mandatory risk assessment checklist
When determining whether the child will be safe if contact or residence is granted to the abusive party, the Court shall, so far as is practicable, have regard to the following matters—
| (a) | the nature and severity of the ill-treatment; |
| (b) | how recently the ill-treatment occurred; |
| (c) | the frequency of the ill-treatment; |
| (d) | the risk of further ill-treatment occurring; |
| (e) | the physical, sexual or emotional harm inflicted on the child or harm suffered by the child as a result of seeing or hearing ill-treatment of another person; |
| (f) | whether the other party to the proceedings— |
| (i) | considers that the child will be safe while the abusive party has residence of, or contact with, the child; and |
| (ii) | consents to the abusive party having residence of, or contact with, the child; |
| (g) | the wishes of the child, if the child is able to express them, and having regard to the age and maturity of the child; |
| (h) | any steps taken by the abusive party to prevent further ill-treatment from occurring, and |
| (i) | any other matters the Court considers relevant.".'. |
Parental, carer and sibling contact with looked after children
Annette Brooke
Mr Roger Williams
NC49
To move the following Clause:—'(1) The Children Act 1989 (c. 41) is amended as follows:
(2) After section 22 insert—
"22A Parental, carer or sibling contact with looked after children
Where a child is looked after by a local authority, the authority shall allow the child reasonable contact with—
| (a) | his parents, |
| (b) | any guardian of his, |
| (c) | any sibling of his, |
(3) In subsection (1) of section 34 insert—
| "(e) | any sibling of his.'.".'. |
NEW SCHEDULE
Margaret Hodge
NS1
To move the following Schedule:—
'Repeals
Plans
| Short title and chapter | Extent of repeal |
| Children Act 1989 (c.41) | In Schedule 2, paragraph 1A. |
| Education Act 1996 (c.56) | Section 527A. |
| Education Act 1997 (c.44) | Section 9. |
| School Standards and Framework Act 1998 (c.31) | Section 2. |
| Sections 6 and 7. | |
| Sections 26 to 26B. | |
| In section 27(2), the words "section 26,". | |
| Section 119(5)(b) and the preceding "and". | |
| Sections 120 and 121. | |
| In Schedule 6— paragraph 3(4)(b) and the preceding "and"; paragraph 8(4). | |
| In Schedule 30, paragraph 144. | |
| Learning and Skills Act 2000 (c.21) | In Schedule 7— paragraph 35(2)(b); paragraph 42(2)(a). |
| In Schedule 9, paragraphs 80 and 81. | |
| Adoption and Children Act 2002 (c.38) | Section 5. |
| Education Act 2002 (c.32) | In section 150— subsections (2) to (4); in subsection (5), the words from "and early years development plans" to "childcare plans"". |
| (a) | so far as relating to England, in accordance with provision made by order by the Secretary of State; |
| (b) | so far as relating to Wales, in accordance with provision so made by the Assembly. |
Child minding and day care
| Short title and chapter | Extent of repeal |
| Children Act 1989 (c.41) | In section 79F(1) and (2), paragraph (b) and the preceding "and". |
| In section 79G(2), the words "under section 79F(3)". |
| In Schedule 9A— in paragraph 4(3A)(b), the words "to his registration"; in paragraph 4(4), the words ", or have any financial interest in,"; in the heading before paragraph 7, the word "Annual". |
| (a) | so far as relating to England, in accordance with provision made by order by the Secretary of State; |
| (b) | so far as relating to Wales, in accordance with provision so made by the Assembly. |
Inspection of local education authorities
| Short title and chapter | Extent of repeal |
| Disability Discrimination Act 1995 (c.50) | Section 28D(6). |
| This repeal comes into force— | |
| so far as relating to England, in accordance with provision made by order by the Secretary of State; |
| so far as relating to Wales, in accordance with provision so made by the Assembly. |
Social services committees and departments
| Short title and chapter | Extent of repeal |
| Children and Young Persons Act 1933 (c.12) | In section 96(7), the words from "Subject to" to "that committee)". |
| Children and Young Persons Act 1963 (c.37) | In section 56(2)— the words "and subsection (1) of section 3 of the Local Authority Social Services Act 1970"; the words "and section 2 of the said Act of 1970 respectively". |
| Local Authority Social Services Act 1970 (c.42) | Sections 2 to 5. |
| Local Government Act 1972 (c.70) | Section 101(9)(f). |
| Mental Health Act 1983 (c.20) | In section 14, the words "of their social services department". |
| Police and Criminal Evidence Act 1984 (c.60) | In section 63B(10), in the definition of "appropriate adult", the words "social services department". |
| Local Government and Housing Act 1989 (c.42) | Section 13(2)(c). |
| In Schedule 1, in paragraph 4(2)— in paragraph (a) of the definition of "ordinary sub-committee", the words from "of the authority's" to "any other sub-committee"; and the definition of "social services committee". |
| Criminal Justice Act 1991 (c.53) | In sections 43(5) and 65(1)(b) and (1B)(a), the words "social services department". |
| Crime (Sentences) Act 1997 (c.43) | In section 31(2A)(b), the words "social services department of the". |
| In Schedule 1, in the table in paragraph 9(6), the words "social services department". |
| Crime and Disorder Act 1998 (c.37) | The words "social services department" in— section 1AA(9) and (10)(a); section 8(8)(b); section 9(2B)(b); section 11(8)(a); section 18(4)(a); section 39(5)(b); section 65(7)(b); section 98(3) (in the words substituted by that provision). |
| Powers of Criminal Courts (Sentencing) Act 2000 (c.6) | The words "social services department" in— section 46(5)(a) and (b); section 69(4)(b), (6)(a) and (10)(a); section 73(5); section 74(5)(b) and (7)(a); section 103(3)(b) and (5)(a); section 162(2)(a) and (b). |
| Local Government Act 2000 (c.22) | Section 102(1). |
| Criminal Justice and Court Services Act 2000 (c.43) | In section 64(6), in the definition of "appropriate adult", the words "social services department". |
| Criminal Justice Act 2003 (c. 44) | The words "social services department" in— section 158(2)(b); section 161(8)(b); section 199(4)(b); paragraph 5(4) of Schedule 38 (in the words substituted by that provision). |
| (a) | so far as relating to England, in accordance with provision made by order by the Secretary of State; |
| (b) | so far as relating to Wales, in accordance with provision so made by the Assembly. |
Reasonable punishment
| Short title and chapter | Extent of repeal |
| Children and Young Persons Act 1933 (c.12) | Section 1(7). |
| This repeal comes into force at the same time as section 49. |
Child safety orders
| Short title and chapter | Extent of repeal |
| Crime and Disorder Act 1998 (c.37) | Section 12(6)(a) and (7). |
| |
| ©Parliamentary copyright 2004 | Prepared 21 Oct 2004 |