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| | Children and Adoption Bill [Lords]
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| | [fifth and sixth Sittings]
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| | Page 11, line 23, leave out Clause 6. |
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| | Clause 7, page 12, line 3, at beginning insert— |
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| | | ‘(1) | After section 8 of the Children Act 1989 (c. 41) insert— |
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| | | (1) | On receipt of any application under section 8 the court shall direct that the |
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| | | relevant pre-court checks are undertaken to screen for indicators of risk to the |
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| | | child’s safety and well-being. |
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| | | (2) | The court may ask an officer of the Service or a Welsh family proceedings officer |
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| | | to undertake any checks for the screening required by subsection (1). |
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| | | (3) | It shall be the duty of the officer of the Service or a Welsh family proceedings |
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| | | officer to comply with a request from the court under subsection (2). |
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| | | (4) | A court shall not normally make an order under section 8 until it has considered |
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| | | the results of the screening required by subsection (1) and is satisfied that the |
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| | | arrangements will be safe for the child. |
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| | | (5) | Pre-court checks to screen for indicators of risk required by subsection (1) and |
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| | | any subsequent risk assessments under section 16A shall be undertaken in |
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| | | accordance with the Code of Practice issued under section 8B. |
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| | | 8B | Risk: code of practice |
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| | | (1) | The Secretary of State shall prepare, and from time to time revise, a Code of |
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| | | Practice regarding screening for indicators of risk and regarding risk assessment |
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| | | as required by section 16A. |
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| | | (2) | Before preparing the Code of Practice or making any alteration in it the Secretary |
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| | | of State shall consult such bodies as appear to him to be concerned. |
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| | | (3) | The Secretary of State shall lay copies of the Code and of any alteration in the |
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| | | Code before Parliament; and if either House of Parliament passes a resolution |
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| | | requiring the Code or any alteration to be withdrawn the Secretary of State shall |
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| | | withdraw the Code, and where he withdraws the Code, shall prepare a Code in |
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| | | substitution for the one which was withdrawn. |
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| | | (4) | No resolution shall be passed above in respect of a Code or any alteration after |
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| | | the expiration of the period of 40 days beginning with the day on which a copy of |
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| | | the Code or alteration was laid before that House; but for the purpose of this |
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| | | subsection no account shall be taken of any time during which Parliament is |
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| | | dissolved or prorogued or during which both Houses are adjourned for more than |
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| | | (5) | The Secretary of State shall publish the Code as for the time being in force.”’. |
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| | Clause 7, page 12, line 14, leave out ‘cause’ and insert ‘reasonable grounds’. |
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| | Clause 7, page 12, line 15, after ‘harm’, insert ‘at any time during proceedings,’. |
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| | Clause 7, page 12, line 17, at end insert— |
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| | | ‘(2A) | Upon receiving a risk assessment the court shall consider the need for separate |
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| | | representation of the child and his interests within proceedings.’. |
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| | Clause 7, page 12, line 20, after ‘child’, insert ‘and undertaken in accordance with |
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| | the Code of Practice issued under section 8B’. |
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| | Clause 7, page 12, line 20, at end insert— |
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| | | ‘(4) | A court shall not make an order under section 8 until it has considered the results |
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| | | of the risk assessment required by subsection (1) and is satisfied that the |
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| | | arrangements will be safe for the child.’. |
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| | Clause 7, page 12, line 20, at end add— |
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| | | ‘(4) | All risk assessments undertaken pursuant to subsection (2) shall proceed on the |
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| | | presumption that the child’s interests are best served through reasonable contact |
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| | | with both his parents unless a good reason to the contrary is shown. |
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| | | (5) | When deciding whether there is reason to suspect that a child is at risk of harm, |
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| | | an Officer of the Service or a Welsh proceedings officer may only make a risk |
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| | | assessment where he has reasonable grounds to suspect that there is a significant |
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| | | risk of significant harm. |
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| | | (6) | An officer of the service or a Welsh proceedings office may only make a risk |
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| | | assessment where he has reasonable grounds to suspect that the significant risk |
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| | | (a) | to the child’s physical safety, or |
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| | | (7) | In all other circumstances than those outlined in subsections (5) and (6), the |
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| | | Officer of the Service or a Welsh proceedings officer shall not undertake a risk |
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| | | assessment except where directed to do so by a court. |
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| | | (8) | In any risk assessment based upon the likelihood of recurrence of previous events |
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| | | or previous risks it shall be a requirement that no reliance is placed upon previous |
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| | | events or previous risks in the absence of a finding of fact that those events or |
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| | | risks actually occurred.’. |
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| | | Clauses 8 and 15 Agreed to. |
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| | | Schedules 2 and 3 Agreed to. |
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| | Clause 17, page 17, line 36, leave out ‘Children and’ and insert ‘Child Contact and |
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| | Clause 17, page 18, line 22, leave out subsection (9). |
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| | | Clause, as amended, Agreed to. |
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| | | Extended family: welfare checklist |
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| | To move the following Clause:— |
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| | | ‘After section 1(3)(g) of the Children Act 1989 (c. 41) insert— |
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| | | “(ga) | the desirability of contact between the child and his extended |
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| | | family in the absence of good reason to the contrary.”’. |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State must issue guidance for separating parents called parenting |
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| | | time plans (“the guidance”). |
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| | | (2) | The guidance must outline the kind of contact orders the court is likely to impose |
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| | | in a range of circumstances should parents be unable to reach agreement |
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| | | regarding contact with their child. |
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| | | (3) | Before publishing guidance under subsection (1), the Secretary of State shall |
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| | | consult and seek approval from— |
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| | | (a) | child development experts, |
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| | | (b) | the family courts of England and Wales, and |
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| | | (c) | any other person who appears to him to have an interest in the issue. |
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| | | (4) | The Secretary of State may not issue the guidance unless a draft of it has been laid |
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| | | before, and approved by resolution of, each House of Parliament. |
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| | | (5) | The Secretary of State may, from time to time, revise the guidance. |
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| | | (6) | A revised version of the guidance shall not come into force until the Secretary of |
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| | | State lays it before Parliament. |
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| | | (7) | Where either House, before the end of the period of 40 days beginning with the |
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| | | day on which a revised version of the guidance is laid before it, by resolution |
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| | | disapproves that version— |
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| | | (a) | the Secretary of State must, under subsection (5), make such further |
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| | | revisions to the guidance as appear to him to be required in the |
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| | | (b) | before the end of the period of 40 days beginning with the date on which |
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| | | the resolution is made, lay a further revised version of the guidance |
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| | | (8) | In reckoning any period of 40 days for the purposes of subsection (7), no account |
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| | | is to be taken of any time during which— |
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| | | (a) | Parliament is dissolved or prorogued, or |
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| | | (b) | both Houses are adjourned for more than four days. |
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| | | (9) | The Secretary of State must arrange for any revised guidance under this section |
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| | | to be published in such a manner as he considers appropriate.’. |
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| | | Pilot scheme on early intervention |
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| | To move the following Clause:— |
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| | | ‘(1) | The Lord Chancellor shall run a pilot scheme better to protect the post-divorce |
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| | | and post-separation family ties of children by providing for intervention before |
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| | | the court makes a contact order with respect to the child. |
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| | | (2) | The order shall designate courts to participate within the scheme. |
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| | | (3) | When a designated court is approached to make a contact order, the court must |
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| | | (a) | a set of guidelines, indicating in broad terms the levels of contact |
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| | | appropriate in the main categories of cases, in the absence of good reason |
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| | | to the contrary, accompanied by an enjoinder to maintain reasonable |
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| | | contact wherever possible, |
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| | | (b) | the date of the first hearing, |
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| | | (c) | an instruction to attend a meeting with a court-appointed mediator to |
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| | | develop a parenting plan which must include the amount of time each |
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| | | party will spend with the child, |
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| | | (d) | an explanation that parties who do not file the agreed parenting plan must |
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| | | (i) | attend a parent education meeting, and |
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| | | (ii) | attend contact-focused dispute resolution and mediation |
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| | | | as decided by the court appointed mediator, before the parties may |
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| | | continue with any application for a contact order, and |
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| | | (e) | a statement that litigation should be a last resort. |
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| | | (4) | Parties who do not wish to ask the court to make a contact order may also make |
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| | | use of the mediation and education facilities of the pilot scheme. |
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| | | (5) | The court shall take into account the willingness of each parent to participate in |
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| | | (6) | The pilot scheme must start no later than six months after this Act receives Royal |
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| | | Assent and must run for no longer than two years. |
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| | | (7) | The Lord Chancellor must direct the President of the Family Division to report to |
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| | | him as to the operation of the pilot scheme. |
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| | | (8) | The report under subsection (6) must include an assessment of the extent to which |
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| | | the pilot scheme has achieved the objectives set out in this section.’. |
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| | | Registration of private foster parents |
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| | To move the following Clause:— |
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| | | ‘For section 69 of the Children Act 1989 (c. 41) substitute— |
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| | | “69 | Registration of private foster parents |
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| | | (1) | Every local authority shall keep a register of persons who act as private |
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| | | foster parents within their area. |
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| | | (2) | A local authority shall not register any person as a private foster parent |
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| | | unless it is satisfied that he is fit to act as a private foster parent. |
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| | | (3) | The Secretary of State shall by regulations make provision as to the |
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| | | considerations to which a local authority is to have regard in reaching a |
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| | | decision as to whether to register a person as a private foster parent. |
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| | | (4) | A local authority shall cancel the registration of any person under |
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| | | (a) | it appears to them that the circumstances of the case are such that |
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| | | they would be justified in refusing to register that person as a |
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| | | (b) | the case provided by that person for any privately fostered child |
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| | | is, in the opinion of the authority, inadequate, having regard to |
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| | | the needs of that child, or |
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| | | (c) | the premises in which any privately fostered child is or would be |
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| | | accommodated are not suitable for that purpose. |
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| | | (5) | No person shall act as a private foster parent unless he is registered under |
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| | | (6) | A person who contravenes subsection (5) shall be guilty of an offence. |
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| | | (7) | A person guilty of an offence under subsection (6) shall be liable on |
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| | | summary conviction to imprisonment for a term not exceeding 6 months, |
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| | | or to a fine not exceeding level 5 on the standard scale, or to both. |
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| | | (8) | A person aggrieved by the refusal of a local authority to register him as a |
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| | | private foster parent may appeal to the court in accordance with |
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| | | paragraph 8 of Schedule 8 to this Act. |
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| | | (9) | In dealing with private foster arrangements a local authority must have |
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| | | regard to the arrangements for safeguarding children.”’. |
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| | | Sanctions against false allegations of violence or significant harm |
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| | To move the following Clause:— |
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| | | ‘After section 10 of the Children Act 1989 (c. 41) insert— |
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| | | “10A | Sanctions against false allegations of violence or significant harm |
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| | | (1) | The Secretary of State may make regulations to require the court to act in |
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| | | accordance with subsection (2). |
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| | | (2) | Where during the course of contact proceedings— |
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| | | (a) | a person makes an allegation of violence or significant harm |
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| | | against another person, and |
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| | | (b) | the allegation is found by the court upon investigation to have |
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| | | | the court must have regard to this finding when considering any |
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| | | representations by either person about contact arrangements with a child |
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| | | and may treat it as an aggravating factor when considering whether to |
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| | | make an order under sections 11J to 11N.”’. |
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| | | Read a second time on division NC6 |
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| | To move the following Clause:— |
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| | | ‘After section 11P of the Children Act 1989 insert— |
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| | | “11Q | Compensatory contact |
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| | | (1) | This section applies if a contact order with respect to a child has been |
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| | | (2) | If the court is satisfied that— |
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| | | (a) | an individual has failed to comply with the contact order, and |
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