House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 1st July 2008
114

Children and Young Persons Bill [Lords], continued

“8A
Issue of written judgment relating to a court order in family

proceedings

(1)
When issuing an order in any family proceedings a court shall issue a

written judgment in respect of that order.

(2)
No children under the age of 16 shall be identified by name in that

judgment.

(3)
A judgment issued under subsection (1) will be issued to all parties to

proceedings.

(4)
Parents of children in family proceedings who were party to those

proceedings, may publish the judgment issued under subsection (1).

(5)
Parents of children in family proceedings, who were party to those

proceedings, may publish any other documents that are part of such

proceedings on the condition that documents are redacted to remove the

names of any children under 16.”’.

Family proceedings: evidence

John Hemming

Sir Nicholas Winterton

Mr Dai Davies

Dr Richard Taylor

Annette Brooke

Mark Williams

NC18

To move the following Clause:—

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

(2)
After section 9 insert—

“9A
Proceedings on orders with respect to children

(1)
No order may be made in any family proceedings that shall prevent the

provision of evidence to—

(a)
the police,

(b)
any regulatory body that the Secretary of State shall by

regulation define.

(2)
In the course of such proceedings it shall be lawful for any person—

(a)
to provide evidence to the bodies specified in subsection (1),

(b)
to assist any person in the provision of such evidence.

(3)
In relation to any family proceedings held in private it shall be lawful for

any person to provide any information relating to such proceedings to—

(a)
a Member of Parliament,

(b)
a Member of the Welsh Assembly,

(c)
a Member of the European Parliament,

(d)
such other persons as the Secretary of State shall by regulation

define.

Public Bill Committee: 1st July 2008
115

Children and Young Persons Bill [Lords], continued

(4)
In relation to any family proceedings held in private it shall be lawful for

any person to provide any information relating to such proceedings to any

other person for the purposes of obtaining advice, performing research or

ensuring the enforcement of the law or regulatory procedures.”’.

Appropriate placement

Tim Loughton

Angela Watkinson

Mr Edward Timpson

Mr Andrew Turner

Miss Julie Kirkbride

NC19

To move the following Clause:—

‘When deciding the appropriate placement for a child in a children’s home the

local authority must have regard to the proximity of other similar premises.’.

Duty to consider children’s views in service improvement

Annettte Brooke

Mark Williams

Mr David Kidney

NC20

To move the following Clause:—

‘After section 22 of the 1989 Act insert—

“22H
Children’s views in service improvement

(1)
Each local authority shall establish a Children in Care Council or other

collective mechanism to ascertain the views of children they are looking

after about the services these children are receiving.

(2)
Regulations shall prescribe the functions, composition, powers and

resources of the Children in Care Council or other mechanism.

(3)
The director of the children’s services and lead member for children’s

services shall give due consideration to the views expressed by the

members of the Children in Care Council or other collective mechanism.

(4)
The director of children’s services and lead member for children’s

services shall report annually to the Children in Care Council or other

mechanism on the steps they have taken in response to the views

expressed by its members.”’.

Public Bill Committee: 1st July 2008
116

Children and Young Persons Bill [Lords], continued

Duty to keep records

Annettte Brooke

Mark Williams

Mr David Kidney

NC21

To move the following Clause:—

‘(1)
It shall be the duty of every local authority and voluntary organisation that looks

after or provides accommodation for a child to maintain records prescribed by

regulations.

(2)
Regulations may provide for the transfer of records held by a voluntary

organisation to another voluntary organisation or local authority.’.

Duty to provide access to records

Annettte Brooke

Mark Williams

Mr David Kidney

NC22

To move the following Clause:—

‘(1)
A post-care adult has the right, at his request, to receive from the local authority

or voluntary organisation holding his care records:—

(a)
all the information relating to his personal history;

(b)
all relevant information relating to his family history.

(2)
Subsection (1) does not apply to a request for information in circumstances where

the local authority or voluntary organisation is authorised by regulations to

withhold the information or any part of it.

(3)
Regulations may provide for local authorities and voluntary organisations to

provide appropriate support, including information and advice, to post-care

adults if requested.

(4)
The regulations may provide for cirumstances in which the local authority or

voluntary organisation holding the records may arrange for another local

authority or voluntary organisation near the post care adult’s home to provide

access to the records and support.

(5)
In this section “post care adult” means a person aged 18 and over who has at any

time been in the care of, or looked after or accommodated by, a local authority or

voluntary organisation.’.

Annual report

Annettte Brooke

Mark Williams

NC23

To move the following Clause:—

Public Bill Committee: 1st July 2008
117

Children and Young Persons Bill [Lords], continued

‘(1)
The Secretary of State shall produce an Annual Report promoting the sharing of

best practice, identifying the amount spent on family support by each local

authority and including an assessment by the local authority of the outcomes of

that expenditure.’.

Guardians for children with special protection needs

Annettte Brooke

Mark Williams

NC24

To move the following Clause:—

‘(1)
As soon as a child under 18 who is separated from both his parents and is not

being cared for by an adult who by law or custom has responsibility to do so

makes an asylum claim or human rights claim or is identified as a victim of

trafficking, a local authority must ensure that a legal guardian is appointed to

represent that child.

(2)
The following expressions have the same meaning in this section as they have in

Part 5 of the Nationality, Immigration and Asylum Act 2002 (c.41)—

(a)
“asylum claim”;

(b)
“human rights claim”.

(3)
“Trafficking” means the arrangement or facilitation of the arrival in, entry to,

travel within, or departure from the United Kingdom for the purposes of

exploitation as defined in section 4(4) of the Asylum and Immigration (Treatment

of Claimants, etc.) Act 2004 (c.19) (trafficking people for exploitation).’.

Health assessments and care

Annettte Brooke

Mark Williams

Mr David Kidney

Helen Southworth

NC25

To move the following Clause:—

‘After section 90 of the 1989 Act insert—

“Health assessments and care

90A
Health assessments and care

(1)
Where a child is looked after by a local authority, the Primary Care Trust

(“PCT”) or, where there is no relevant PCT, the Health Authority or

Health Board, must co-operate with the local authority in the provision

of physical, emotional and mental health assessments and care.

Public Bill Committee: 1st July 2008
118

Children and Young Persons Bill [Lords], continued

(2)
The Secretary of State shall make regulations providing for physical,

emotional and mental health assessments of a child looked after by the

local authority.

(3)
Regulations made under this section shall make provision about—

(a)
the qualifications and experience of an individual undertaking a

health assessment;

(b)
the length of time after a child starts to be looked after by a local

authority by which a health assessment must take place; and

(c)
the inclusion of details in the care plan of the arrangements made

jointly by the local authority and PCT, or if there is no PCT, the

Health Authority or Health Board, for the area in which the child

is living for the physical, emotional and mental health care of the

child.”’.

Delegated responsibility

Annettte Brooke

Mark Williams

NC26

To move the following Clause:—

‘The appropriate national authority must issue statutory guidance on the

delegation of responsibility to foster parents.’.

Support for family and friends carers

Mr David Kidney

Annette Brooke

NC27

To move the following Clause:—

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

(2)
After section 17B insert—

“17C
Support for family and friends carers

(1)
This section applies to a person (“P”) who provides full-time care and

accommodation for a child (“C”) for more than 28 days but who is not—

(a)
a parent of the child, or

(b)
a local authority foster parent.

(2)
A local authority shall assess P’s need for financial and other support

under Part III of this Act to care for C in any of the following

circumstances—

(a)
where the child comes to live with P as a result of a plan made

following an inquiry under section 47 (local authority’s duty to

investigate);

Public Bill Committee: 1st July 2008
119

Children and Young Persons Bill [Lords], continued

(b)
where the child comes to live with P following an investigation

under section 37 (powers of court in certain family proceedings);

(c)
where P has secured a residence order or special guardianship

order in order to avoid the child being looked after, and there is

professional evidence of impairment of the parents’ ability to

care for the child;

(d)
where P has obtained a residence order or special guardianship

order arising out of care proceedings;

(e)
where P is providing accommodation for the child and then

secures a residence order or special guardianship order.

(3)
The local authority shall provide such support as is required to meet the

needs identified by the assessment referred to in subsection 2.

(4)
The local authority shall appoint a named person who shall have

responsibility for coordinating the provision of support to persons to

whom this section applies.”

(3)
In paragraph 1 of Schedule 2 (identification of children in need and provision of

information), in sub-paragraph (2)(a)(i) for “17,” substitute “14F, 17, 17C,”.’.

Limitation period

Mr David Kidney

Annette Brooke

NC28

To move the following Clause:—

‘In seeking to bring a claim for damages in relation to any injury sustained during

any period in which C was a looked after child, the limitation period for bringing

such a claim shall be—

(a)
three years from the date of becoming 18 years of age;

(b)
three years starting from the date he discovers, or ought reasonably to

discover, that he has a legal claim; or

(c)
10 years from the date of the act or omission which gives rise to the claim,

whichever is the latest.’.

Family group conference

Mr David Kidney

Annette Brooke

NC29

To move the following Clause:—

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

(2)
In section 22 at end insert—