3097

House of Commons

Wednesday 8th October 2008

Consideration of Bill

Children and Young Persons Bill [Lords], As Amended

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New Clauses

Support for accommodated children

Secretary Ed Balls

NC19

To move the following Clause:—

‘After paragraph 8 of Schedule 2 to the 1989 Act insert—

“Provision for accommodated children

8A  (1)

Every local authority shall make provision for such services as they

consider appropriate to be available with respect to accommodated

children.

(2)	“Accommodated children” are those children in respect of whose

accommodation the local authority have been notified under section

85 or 86.

(3)	The services shall be provided with a view to promoting contact

between each accommodated child and that child’s family.

(4)	The services may, in particular, include—

(a)	advice, guidance and counselling;

(b)	services necessary to enable the child to visit, or to be visited

by, members of the family;

(c)	assistance to enable the child and members of the family to

have a holiday together.

(5)	Nothing in this paragraph affects the duty imposed by paragraph 10.”’.

Consideration of Bill: 8th October 2008

3098

Children and Young Persons Bill [Lords] continued

Early intervention

Tim Loughton

Miss Julie Kirkbride

Mr Edward Timpson

Mr Andrew Turner

Angela Watkinson

NC4

To move the following Clause:—

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

appropriate, offer a family group conference or any other reasonable intervention

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

Looked after status

Annette Brooke

Mark Williams

Tim Loughton

NC6

To move the following Clause:—

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

(2)	In section 85(4)(duty of local authority when notified of child accommodated by

health authority or local education authority) at end insert “; and

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

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

after child.”’.

Registration scheme in England and Wales

Tim Loughton

Miss Julie Kirkbride

Mr Edward Timpson

Mr Andrew Turner

Angela Watkinson

Annette Brooke

Total signatories: 7

NC7

To move the following Clause:—

‘(1)	The Children Act 2004 (c.31) is amended as follows.

(2)	In section 45(1) (power to establish registration scheme in England) for “may”

substitute “shall within one year of the Children and Young Persons Act 2008

being passed”.

Consideration of Bill: 8th October 2008

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Children and Young Persons Bill [Lords] continued

(3)	In section 46(1) (power to establish registration scheme in Wales) for “may”

substitute “shall within one year of the Children and Young Persons Act 2008

being passed”.

(4)	Omit section 47 (expiry of powers in sections 45 and 46).’.

Family proceedings: evidence

John Hemming

Sir Nicholas Winterton

Martin Horwood

Mr Dai Davies

Dr Richard Taylor

Ms Dari Taylor

Total signatories: 8

Lynne Jones

Andrew Stunell

NC8

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; or

(b)	any regulatory body prescribed by the Secretary of State.

(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); or

(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; or

(d)	such other persons as may be prescribed by the Secretary of

State.

(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.”’.

Consideration of Bill: 8th October 2008

3100

Children and Young Persons Bill [Lords] continued

Sibling contact

Mr David Kidney

NC12

To move the following Clause:—

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

(2)	In section 34(1) after paragraph (a) insert—

“(aa)

any sibling of his;”.’.

Registration of foster carers with the General Social Care Council

Annette Brooke

Mark Williams

NC13

To move the following Clause:—

‘In section 55(2) of the Care Standards Act 2000 (c. 14) after subsection (2)(d)

insert “or

(e)	is a foster parent”’.

Sibling contact

Annette Brooke

Mark Williams

Tim Loughton

Miss Julie Kirkbride

Mr Edward Timpson

Mr Andrew Turner

Total signatories: 7

NC14

To move the following Clause:—

‘After section 34 of the 1989 Act insert—

“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.

Consideration of Bill: 8th October 2008

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Children and Young Persons Bill [Lords] continued

(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.”’.

Duty to keep records

Annette Brooke

Mark Williams

NC15

To move the following Clause:—

‘(1)	It shall be the duty of every local authority that looks after a child, and every

voluntary organisation that provides accommodation for a child, to maintain

records prescribed by regulations.

(2)	Regulations may provide for the transfer of records held by a local authority or

voluntary organisation to another voluntary organisation or local authority.

(3)	The power to make regulations under this section is exercisable by—

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

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

(4)	No regulations shall be made under this section unless a draft of the regulations

has been laid before and approved by resolution of—

(a)	each House of Parliament, in the case of regulations made by the

Secretary of State;

(b)	the National Assembly for Wales, in the case of regulations made by the

Welsh Ministers.’.

Duty to provide access to records

Annette Brooke

Mark Williams

NC16

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 the 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 when providing information, including guidance and

advice, to post-care adults if requested.

(4)	Regulations may provide for circumstances in which the local authority or

voluntary organisation holding the records may arrange for another local

Consideration of Bill: 8th October 2008

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Children and Young Persons Bill [Lords] 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 or over who, while a

child, was either looked after by a local authority or accommodated by a

voluntary organisation at any time.

(6)	The power to make regulations under this section is exercisable by—

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

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

(7)	No regulations shall be made under this section unless a draft of the regulations

has been laid before and approved by resolution of—

(a)	each House of Parliament, in the case of regulations made by the

Secretary of State;

(b)	the National Assembly for Wales, in the case of regulations made by the

Welsh Ministers.’.

Functions under this Part to be functions of a public nature

Mr Andrew Dismore

Dr Evan Harris

NC17

To move the following Clause:—

‘The services provided to children and young persons by providers of social work

services in the discharge of a local authority’s care functions by virtue of

arrangements made by the local authority under section 1 are functions of a public

nature for the purposes of section 6 of the Human Rights Act 1998 (c. 42).’.

Use of reasonable force

John Austin

Mr Andrew Dismore

NC18

To move the following Clause:—

‘(1)	The Children Act 2004 (c. 31) is amended as follows.

(2)	Omit section 58 (Reasonable punishment) and substitute—

“58	Power of parents to use force

(1)	A person to whom this section applies may use such force as is

reasonable in the circumstances for the purpose of preventing a child

from doing (or continuing to do) any of the following, namely—

(a)	committing any offence,

(b)	causing personal injury to, or damage to the property of, any

person (including the child himself), or

(c)	engaging in offensive or disruptive behaviour.

Consideration of Bill: 8th October 2008

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Children and Young Persons Bill [Lords] continued

(2)	This section applies to a person who is a parent of the child or has

parental responsibility for the child.

(3)	Nothing in subsection (1) or in any rule of common law authorises

anything to be done in relation to a child which constitutes the giving of

corporal punishment within the meaning of section 548 of the Education

Act 1996.

(4)	In this section “offence” includes anything that would be an offence but

for the operation of any presumption that a person under a particular age

is incapable of committing an offence.

(5)	The Director of Public Prosecutions—

(a)	shall, after consultion, issue a Code of Practice giving guidance

to Crown Prosecutors on the general principles to be applied

when determining whether it is in the public interest to prosecute

a parent of a child, or person with parental responsibility for the

child, for an offence involving the use of force against the child;

(b)	may from time to time make alterations in the Code; and

(c)	shall set out the Code, and any alteration in the Code, in the

Director’s annual report under section 9 of the Prosecution of

Offences Act 1985 for the year in which the Code is issued or in

which the alteration is made.”’.

Welfare of looked after children

Tim Loughton

Miss Julie Kirkbride

Mr Edward Timpson

Mr Andrew Turner

Angela Watkinson

NC20

To move the following Clause:—

‘When considering or maintaining placement for a child a local authority shall

have regard in particular to ascertaining the wishes and feelings of the child.’.

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Revised 8 October 2008