Amendments proposed to the Adoption and Children Bill - continued House of Commons

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Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier

234

Schedule     2,     page     80,     line     3,     leave out from 'General' to 'information' in line 5 and insert 'receives an application in the prescribed manner from an applicant as described in sub-paragraph (1), the Registrar General must inform the applicant that counselling services are available and strongly recommend that the applicant use these services before giving any'.


   

Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier

236

Clause     77,     page     42,     line     20,     leave out 'may provide for'.

   

Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier

237

Clause     77,     page     42,     line     21,     after '(a)', insert 'must provide for'.

   

Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier

238

Clause     77,     page     42,     line     23,     after '(b)', insert 'may provide for'.


   

Jacqui Smith

229

Clause     78,     page     42,     line     29,     leave out from beginning to 'by' and insert 'who (but for his adoption) would be related to him'.

   

Jacqui Smith

230

Clause     78,     page     42,     line     32,     at end insert 'or regulations made by virtue of section 61(4)(b)'.


NEW CLAUSES RELATING TO PART 2

Amendment of section 17 of the Children Act 1989
   

Margaret Moran
Ms Megg Munn
Mr Hilton Dawson

NC10

*To move the following Clause:—

       '. In section 17 of the Children Act 1989 (provision of support for children and their families) after subsection (1) there is inserted—

      "(1A) In any case where a local authority have assessed a child as being a child in need they shall take such reasonable steps as are required to enable that need to be met.".'.

Amendment of Schedule 2 to the Children Act 1989
   

Margaret Moran
Ms Megg Munn
Mr Hilton Dawson

NC11

*To move the following Clause:—

       '. In Schedule 2 to the Children Act 1989 (local authority support for children and families) after subsection (10) there is inserted—

      "(10A) (1) Where a local authority have, in assessing whether a child is a child in need, determined that he requires accommodation to enable him to live with his family, they shall provide that child (or a member of his family) with such assistance as may reasonably be required, if, in their opinion, it is necessary to do so in order to safeguard or promote his welfare.

      (2) Assistance required under subsection (1) may include—

      (a)   assistance by way of advice to the child or to a person having parental responsibility for him or caring for him;

      (b)   assistance by means of cash payments or loans to a person whom the local authority reasonably believe to be able to provide accommodation to the child (and to any person who might reasonably be expected to reside with him);

      (c)   the provision of accommodation (which shall include accommodation secured from another person).".'.


   

Mr Andrew Turner

11

Clause     126,     page     70,     line     20,     at end insert—

    '( )   In the case of an application for a placement order, for the variation or revocation of such an order, or for an adoption order, the rules must require that the court or adoption agency make available to the legal representatives of the parent or guardian of any child subject to such an application all records used by the court or adoption agency in relation to that proceeding.'.


   

Jacqui Smith

231

Clause     133,     page     73,     line     33,     after '51(1) to (3)', insert '[Disclosing information during adoption process]'.

   

Jacqui Smith

232

Clause     133,     page     73,     line     33,     after '62', insert '[Disclosing protected information about adults] and [Disclosing protected information about children]'.


REMAINING NEW CLAUSES

Disclosing information during adoption process

   

Jacqui Smith

NC6

To move the following Clause:—

          '(1)   Regulations under section 9 may require adoption agencies in prescribed circumstances to disclose in accordance with the regulations prescribed information to prospective adopters.

          (2)   In this section, "prescribed" means prescribed by regulations'.


Disclosing protected information about adults

   

Jacqui Smith

NC7

To move the following Clause:—

          '(1)   This section applies where—

          (a) a person applies to the appropriate adoption agency for protected information to be disclosed to him, and

          (b) none of the information is about a person who is a child at the time of the application.

          (2)   The agency is not required to proceed with the application unless it considers it appropriate to do so.

          (3)   If the agency does proceed with the application it must take all reasonable steps to obtain the views of any person the information is about as to the disclosure of the information about him.

          (4)   The agency may then disclose the information if it considers it appropriate to do so.

          (5)   In deciding whether it is appropriate to proceed with the application or disclose the information, the agency must consider—

          (a) the welfare of the adopted person,

          (b) any views obtained under subsection (3),

          (c) any prescribed matters,

        and all the other circumstances of the case.

          (6)   This section does not apply to a request for information under section 58(2)'.


Disclosing protected information about children

   

Jacqui Smith

NC8

To move the following Clause:—

          '(1)   This section applies where—

          (a) a person applies to the appropriate adoption agency for protected information to be disclosed to him, and

          (b) any of the information is about a person who is a child at the time of the application.

          (2)   The agency is not required to proceed with the application unless it considers it appropriate to do so.

          (3)   If the agency does proceed with the application, then, so far as the information is about any person who is at the time a child, the agency must take all reasonable steps to obtain—

          (a) the views of any parent or guardian of the child, and

          (b) the views of the child, if the agency considers it appropriate to do so having regard to his age and understanding and to all the other circumstances of the case,

        as to the disclosure of the information.

          (4)   And, so far as the information is about any person who has at the time attained the age of 18 years, the agency must take all reasonable steps to obtain his views as to the disclosure of the information.

          (5)   The agency may then disclose the information if it considers it appropriate to do so.

          (6)   In deciding whether it is appropriate to proceed with the application, or disclose the information, where any of the information is about a person who is at the time a child—

          (a) if the child is an adopted child, the child's welfare must be the paramount consideration,

          (b) in the case of any other child, the agency must have particular regard to the child's welfare.

          (7)   And, in deciding whether it is appropriate to proceed with any application or disclose any information, the agency must consider—

          (a) the welfare of the adopted person (where subsection (6)(a) does not apply),

          (b) any views obtained under subsection (3) or (4),

          (c) any prescribed matters,

        and all the other circumstances of the case.

          (8)   This section does not apply to a request for information under section 58(2)'.


Interviews with children

   

Mr Andrew Turner

NC1

To move the following Clause—

    '   In the case of an application for a placement order, for the variation or revocation of such an order, or for an adoption order, no interview which is conducted with a child shall be relied upon in proceedings unless supported by a video or audio recording of that interview.'.


Considerations applying to the exercise of powers

   

Tim Loughton
Mr Julian Brazier
Mr Henry Bellingham
Mr Robert Walter
Mr Jonathan Djanogly

NC2

     To move the following Clause:—

    '(1)   This section applies whenever a court or adoption agency is coming to a decision relating to the adoption of a child other than in proceedings under Part IV of the Children Act 1989.

    (2)   The child's welfare throughout his life shall be the paramount consideration.

    (3)   At all times when any question with respect to the adoption of a child arises, the court or adoption agency shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.

    (4)   The court or adoption agency shall have regard in particular to—

      (a) the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);

      (b) his physical, emotional and educational needs;

      (c) the likely effect on him (throughout his life) of any changes in his circumstances;

      (d) his age, sex, background and any characteristics of his which the court considers relevant;

      (e) any harm which he has suffered or is at risk of suffering;

      (f) the relationship which the child has with relatives (including mother, father, siblings or half-siblings) and any other person in relation to whom the court or adoption agency considers the relationship (legal or otherwise) to be relevant, including:

      (i)   the likelihood of any such relationship continuing and the value to the child of its doing so,

      (ii)   the capability of any such person to meet the child's needs,

      (iii)   the wishes and feelings of any such person regarding the child.

      (g) the range of powers available under this Act and under the Children Act 1989 and the principle that the court shall not make any order unless it considers that making the order would be better for the child than not doing so.

    (5)   In placing the child for adoption, the adoption agency must give due consideration to the child's religious persuasion, racial origin and cultural and linguistic background, subject to the proviso that such consideration shall be secondary to the matters to be considered in subsections (2) and (3).

    (6)   In this section, "coming to a decision relating to the adoption of a child" in relation to a court includes—

      (a) coming to a decision in any proceedings other than those under Part IV of the Children Act 1989 where the orders that might be made by the court include an adoption order or placement order or the revocation of a placement order or an order dispensing with parental consent,

      (b) coming to a decision about granting leave in respect of any action which may be taken by an adoption agency or individual under this Act other than the initiation of proceedings in any court.'.

 
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