House of Commons portcullis
House of Commons
Session 2007 - 08
Internet Publications
Other Bills before Parliament


 
 

Public Bill Committee Proceedings: 3rd July 2008          

20

 

Children and Young Persons Bill[ [], continued

 
 

“(5)    

Payment of the fee to a foster parent should continue until a qualifying

 

determination has been reached.”’.

 


 

Registration scheme

 

Tim Loughton

 

Angela Watkinson

 

Annette Brooke

 

Mark Williams

 

Mr Edward Timpson

 

Mr Andrew Turner

 

Not called  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

 

Withdrawn  NC16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.’.

 



 
 

Public Bill Committee Proceedings: 3rd July 2008          

21

 

Children and Young Persons Bill[ [], continued

 
 

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

 

Not called  NC17

 

To move the following Clause:—

 

‘(1)    

The 1989 Act is amended as follows.

 

(2)    

After section 8 insert—

 

“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

 

Not called  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,


 
 

Public Bill Committee Proceedings: 3rd July 2008          

22

 

Children and Young Persons Bill[ [], continued

 
 

(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.

 

(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

 

Not called  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

 

Withdrawn  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.


 
 

Public Bill Committee Proceedings: 3rd July 2008          

23

 

Children and Young Persons Bill[ [], continued

 
 

(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.”’.

 


 

Duty to keep records

 

Annettte Brooke

 

Mark Williams

 

Mr David Kidney

 

Not called  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

 

Not called  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


 
 

Public Bill Committee Proceedings: 3rd July 2008          

24

 

Children and Young Persons Bill[ [], continued

 
 

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

 

Not selected  NC23

 

To move the following Clause:—

 

‘(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

 

Withdrawn  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).’.

 



 
 

Public Bill Committee Proceedings: 3rd July 2008          

25

 

Children and Young Persons Bill[ [], continued

 
 

Health assessments and care

 

Annettte Brooke

 

Mark Williams

 

Mr David Kidney

 

Helen Southworth

 

Withdrawn  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.

 

(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

 

Not selected  NC26

 

To move the following Clause:—

 

‘The appropriate national authority must issue statutory guidance on the

 

delegation of responsibility to foster parents.’.

 



 
 

Public Bill Committee Proceedings: 3rd July 2008          

26

 

Children and Young Persons Bill[ [], continued

 
 

Support for family and friends carers

 

Mr David Kidney

 

Annette Brooke

 

Not called  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);

 

(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

 

Withdrawn  NC28

 

To move the following Clause:—


 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2008
Revised 4 July 2008