Public Bill Committee: 1st July 2008

108

Children and Young Persons Bill [Lords], continued

“34A	Sibling contact

(1)	Where it is not consistent with the child’s welfare to be accommodated

with a sibling, the local authority shall take all reasonable steps to ensure

the child can maintain contact with his or her sibling on a regular basis.

(2)	The local authority shall take all reasonable steps to ensure the child can

maintain contact with any other siblings.

(3)	Subsections (1) and (2) shall not apply if the child or the sibling objects

to it and the authority is satisfied that the child or sibling has sufficient

understanding to make an informed decision.”’.

Early intervention

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

NC5

To move the following Clause:—

‘Before a child is committed into care, the local authority must, where

appropriate, offer a family group conference and any other reasonable

intervention which may alleviate the need for a child to be put into care.’.

Looked after status

Tim Loughton

Angela Watkinson

Annette Brooke

Mark Williams

Mr Edward Timpson

Mr Andrew Turner

NC6

To move the following Clause:—

‘(1)	The 1989 Act is amended as follows.

(2)	After section 85(4) insert “; and

(c)	in the exercise of their functions under paragraph (b) consider whether

the child’s welfare is best safeguarded and promoted by being a looked-

after child.”’.

Public Bill Committee: 1st July 2008

109

Children and Young Persons Bill [Lords], continued

Assistance for looked after children in custody

Tim Loughton

Angela Watkinson

Annette Brooke

Mark Williams

Mr Edward Timpson

Mr Andrew Turner

NC7

To move the following Clause:—

‘(1)	The 1989 Act is amended as follows.

(2)	After section 23ZB (which is inserted by section 17) insert—

“23ZC

Assistance for looked after children in custody

(1)	This section applies to—

(a)	a child looked after by a local authority who is taken into

custody;

(b)	a child or young person being held in custody who was

previously being looked after by a local authority;

(c)	a child or young person who has been released from custody but

who was, prior to his or her detention, being looked after by a

local authority; and

(d)	a child or young person—

(i)	who is of a description prescribed by regulations made

by the appropriate national authority; and

(ii)	in relation to whom the regulations impose the duties in

this section on a local authority.

(2)	It is the duty of the local authority—

(a)	to ensure that a person to whom this section applies is visited by

a representative of the authority (“a representative”);

(b)	to arrange for appropriate advice, support and assistance to be

available to a person to whom this section applies.

(3)	The duty contained in subsection (2)(b) only applies to a young person

aged 18 years or over if that person seeks the relevant advice, support or

assistance.

(4)	The duties imposed by subsection (2)—

(a)	are to be discharged in accordance with any regulations made for

the purposes of this section by the appropriate national authority;

(b)	are subject to any requirement imposed by or under an enactment

applicable to the place in which the person to whom this section

applies is held in custody.

(5)	Regulations under this section for the purposes of subsection (4)(a) may

make provision about—

(a)	the frequency of visits;

(b)	circumstances in which a person to whom this section applies

must be visited by a representative; and

(c)	the functions of a representative.

Public Bill Committee: 1st July 2008

110

Children and Young Persons Bill [Lords], continued

(6)	In choosing a representative, the local authority must satisfy themselves

that the person chosen has the necessary skills and experience to perform

the functions of a representative under this section.

(7)	In this section—

“held in custody” means held in detention by the police, prison service or

other court authority and “taken into custody” and “released from

custody” shall be construed accordingly;

“the appropriate national authority” means—

(a)	in relation to England, the Secretary of State; and

(b)	in relation to Wales, the Welsh Ministers.”’.

Local authority references groups

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

NC9

To move the following Clause:—

‘A local authority must have a plan specifying how they propose to consult care-

leavers as to the current care provision provided by that local authority.’.

Long-term placements

Tim Loughton

Angela Watkinson

Annette Brooke

Mark Williams

Mr Edward Timpson

Mr Andrew Turner

NC10

To move the following Clause:—

‘In section 324 (c.56) (statement of special educational needs), of the Education

Act 1996, at end insert—

“(7A)

Where a statement specifies a school or type of school that would result

in a child not ordinarily being resident with their parent, the authority

shall consider whether the child’s welfare is best safeguarded and

promoted by being a looked after child.

Public Bill Committee: 1st July 2008

111

Children and Young Persons Bill [Lords], continued

(7B)	The duty imposed by subsection (8) shall be performed in accordance

with regulations.”’.

Scope of inspections by the chief inspector

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

NC11

To move the following Clause:—

‘In section 147 of the Education and Inspections Act 2006 (c. 40) (inspection of

premises in connection with adoption and fostering functions) after subsection (2)

insert—

“(2A)

The Chief Inspector must consider the promotion of the welfare and

safety of a child when carrying out the inspections mentioned in this

section.”’.

Adoption targets

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

NC12

To move the following Clause:—

‘(1)	The Secretary of State shall not impose numerical targets for the number of

children in local authority care who are to be adopted.

(2)	The Secretary of State shall not offer local authorities financial incentives for

increasing the number of children in care who are adopted.’.

Public Bill Committee: 1st July 2008

112

Children and Young Persons Bill [Lords], continued

Responsibilities of parenthood

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

NC13

To move the following Clause:—

‘(1)	In section 10 of the Children Act 1989 (c. 41) (power of court to make section 8

orders), after subsection (9)(b) insert—

“(ba)

in relation to residence orders, whether or not the person with whom it is

proposed that the child should live is likely to be able and willing to

accept the responsibilities of parenthood in relation to the child;”.

(2)	In section 8 of that Act (residence, contact and other orders with respect to

children), after subsection (4) insert—

“(4A)

In this Part “the responsibilities of parenthood” means, in so far as is

practicable and in the best interests of the child, the safeguarding and

promotion of the child’s health, development and welfare, and the

provision of direction and guidance to the child in a manner appropriate

to his age and development.”’.

Payment of fees

Tim Loughton

Angela Watkinson

Mr David Kidney

Annette Brooke

Mark Williams

Mr Edward Timpson

NC14

To move the following Clause:—

‘(1)	Section 49 of the Children Act 2004 (c. 31) (payment to foster parents) is

amended as follows.

(2)	After subsection (4) insert—

“(5)	Payment of the fee to a foster parent should continue until a qualifying

determination has been reached.”’.

Public Bill Committee: 1st July 2008

113

Children and Young Persons Bill [Lords], continued

Registration scheme

Tim Loughton

Angela Watkinson

Annette Brooke

Mark Williams

Mr Edward Timpson

Mr Andrew Turner

NC15

To move the following Clause:—

‘(1)	Section 45 of the Children Act 2004 (c. 31) (power to establish registration

scheme in England) is amended as follows.

(2)	In subsection (1) omit the word “may” and insert “will within one year”.

(3)	Omit section 47 of the Children Act 2004.’.

Medical records of adopted children

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

NC16

To move the following Clause:—

‘Local authorities must make provision for the parents of children given for

adoption to deposit medical records which may include samples of their DNA as

part of the child’s medical record to be made available to the medical practitioner

responsible for the child.’.

Issue of written judgment relating to a court order in family proceedings

John Hemming

Sir Nicholas Winterton

Mr Dai Davies

Tim Loughton

Angela Watkinson

Mr Edward Timpson

NC17

To move the following Clause:—

‘(1)	The 1989 Act is amended as follows.

(2)	After section 8 insert—

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Revised 1 July 2008