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(d) to provide that person with such other information as the board considers appropriate in all the circumstances of the case.

(4) The Secretary of State must inform the relevant local probation board—

(a) whether the offender is to be discharged;

(b) if he is, whether he is to be discharged absolutely or subject to conditions;

(c) if he is to be discharged subject to conditions, what the conditions are to be;

(d) if he has been discharged subject to conditions—

(i) of any variation of the conditions by the Secretary of State;

(ii) of any recall to hospital under section 42(3) of the Mental Health Act 1983 (c.20);

(e) if the restriction direction is to cease to have effect by virtue of action to be taken by the Secretary of State, of the date on which the restriction direction is to cease to have effect.

(5) Subsections (6) and (7) apply (instead of subsection (4)) if—

(a) an application is made to a Mental Health Review Tribunal by the offender under section 69, 70 or 75 of the Mental Health Act 1983 (c.20) (applications concerning restricted patients), or

(b) the Secretary of State refers the offender's case to a Mental Health Review Tribunal under section 71 of that Act (references concerning restricted patients).

(6) The tribunal must inform the relevant local probation board—

(a) of the matters specified in subsection (4)(a) to (c);

(b) if the offender has been discharged subject to conditions, of any variation of the conditions by the tribunal;

(c) if the restriction direction is to cease to have effect by virtue of action to be taken by the tribunal, of the date on which the restriction direction is to cease to have effect.

(7) The Secretary of State must inform the relevant local probation board of the matters specified in subsection (4)(d) and (e).

(8) The duties in subsections (3) to (7) apply only while the restriction direction is in force.

(9) The relevant local probation board has the meaning given in section [Victims of persons subject to transfer direction and restriction direction: representations](8).'.—[Mr. Heppell.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 1

Parental contact with children after separation in cases involving ill-treatment of the child or another person (No.1).

'After section 8 in Part II of the Children Act 1989 insert—

"(8A) Allegations of ill-treatment made in section 8 proceedings

(1) Where it is alleged that a party to the 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

 
27 Oct 2004 : Column 1455
 
(b) make any order granting the abusive party contact (other than supervised contact) with that child, unless the child wants to see the abusive party and 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 8A(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 necessary to protect the child.".'.—[Mr. Dawson.]

Brought up, and read the First time.

Mr. Hilton Dawson (Lancaster and Wyre) (Lab): I beg to move, That the clause be read a Second time.

Mr. Speaker : With this it will be convenient to discuss the following: New clause 2—Parental contact with children after separation in cases involving ill-treatment of the child or another person (No.2).—

'After section 8 in Part II of the Children Act 1989 insert—

"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;

(i) any matters as the court considers relevant.".'.

New clause 5—Use of recovery orders—

'In Part I of the Family Law Act 1986 (c.55) (child custody), after section 34 insert—

"34A Use of recovery orders in cases involving either allegations of domestic violence or a potential risk to the child

(1) If an applicant claims that their partner has abducted a child of the family, the court may grant a recovery order if the applicant already has a residence order in their name.

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