Amendments proposed to the Children and Adoption Bill [Lords] - continued	House of Commons
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UN Convention on the Rights of the Child

   

Annette Brooke
Sandra Gidley

NC16

To move the following Clause:—

'After section 1(3)(g) of the Children Act 1989 (c. 41) insert—

"(h)	Article 9 of the UN Convention on the Rights of the Child."'.

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Allocation of cases

   

Mr David Kidney

NC17

To move the following Clause:—

    '(1)   In any family proceedings in which a court has power to make an order with respect to a child, when allocating proceedings the court shall, upon receipt of an application relating to a child, have regard to—

(a)	minimising delay to proceedings, and

(b)	minimising the cost of proceedings, as far as is reasonably practicable.

    (2)   In deciding how to allocate proceedings in accordance with subsection (1), a court shall have regard to the availability of—

(a)	mediation provided by an independent third party,

(b)	mediation and conciliation provided in court,

(c)	court time for the early determination of any disputed questions that arise within the proceedings, and

(d)	the range of provisions available for providing the court with further information before making any decision.

    (3)   In deciding how to allocate proceedings in accordance with this section, a court shall have regard to any risk assessment provided in acccordance with section 16A of the Children Act 1989 (c. 41) and shall, in the absence of such an assessment, consider whether to request such an assessment before proceeding.

    (4)   Rules of court may be made in order to set out the procedure for arranging hearings and making decisions in accordance with this section, including—

(a)	the making of any application to a court,

(b)	the arrangements for any hearing,

(c)	the timing of hearings,

(d)	the notification of any decisions made to the parties involved and others, and

(e)	any other matter ancillary thereto.

    (5)   At any stage in any family proceedings to which this section relates the court may, upon the application of any party or of its own motion, arrange a further hearing to consider further the arrangements for the allocation of the case.'.

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Provision as to family assistance orders

   

Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett

NC18

To move the following Clause:—

'In the circumstances where a family assistance order is made, the officer concerned will proceed on the presumption that the child's interests are best served through reasonable contact with both his parents unless good reason to the contrary is shown.'.

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Presumption of reasonable contact

   

Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett

NC19

To move the following Clause:—

'After section 1(1) of the Children Act 1989 (c. 41) insert—

    "(1A)   In respect of subsection 1(1) above and subject to the welfare of the child, the court shall act on the presumption that the child's interest are best served through reasonable contact with both his parents in the absence of good reason to the contrary."'.

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Reasonable contact: welfare checklist

   

Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett

NC20

To move the following Clause:—

'After section 1(3)(g) of the Children Act 1989 (c. 41) insert—

"(h)	the desirability of reasonable contact between the child and the non-resident parent in the absence of good reason to the contrary."'.

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Risk assessments: screening

   

Vera Baird
Mr David Kidney

NC21

To move the following Clause:—

    '(1)   After section 8 of the Children Act 1989 (c. 41) insert—

    "8A   Pre-court checks

    (1)   On receipt of any application under section 8 of the court shall direct that the relevant pre-court checks are undertaken to screen for indicators of risk to the child's safety and well-being.

    (2)   The court may ask an officer of the Service or a Welsh family proceedings officer to undertake any checks for the screening required by subsection (1).

    (3)   It shall be the duty of an officer of the Service or a Welsh family proceedings officer to comply with a request from the court under subsection (2).

    (4)   A court shall not make an order under section 8 until it has considered the results of the screening required by subsection (1) and is satisfied that the arrangements will be safe for the child.

    (5)   Pre-court checks to screen for indicators of risk required by subsection (1) and any subsequent risk assessments under section 16A shall be undertaken in accordance with the Code of Practice issued under section 8B.

    8B   Code of Practice

    (1)   The Secretary of State shall prepare, and from time to time revise, a Code of Practice regarding screening for indicators of risk and regarding risk assessment as required by section 16A.

    (2)   Before preparing the Code of Practice or making any alteration in it the Secretary of State shall consult such bodies as appear to him to be concerned.

    (3)   The Secretary of State shall lay copies of the Code and of any alteration in the Code before Parliament; and if either House of Parliament passes a resolution requiring the Code or any alteration to be withdrawn the Secretary of State shall withdraw the Code, and where he withdraws the Code, shall prepare a Code in substitution for the Code which was withdrawn.

    (4)   No resolution shall be passed above in respect of a Code or any alteration after the expiration of the period of 40 days beginning with the day on which a copy of the Code or alteration was laid before that House; but for the purpose of this subsection no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

    (5)   The Secretary of State shall publish the Code as for the time being in force."'.

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Duration

   

Mr David Kidney

NC22

*To move the following Clause:—

'The Children Act 1989 (c. 41) shall be amended as follows—

(a)	In section 10(5)(b) leave out "three years" and insert "one year",

(b)	In section 10(10) leave out "three years" and insert "one year", and

(c)	in section 10(10) leave out "five years" and insert "three years".'.

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Prepared 14 Mar 2005