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Index of Amendments

S.S.C.

Amendment Paper as at
Tuesday 15th January 2002

SPECIAL STANDING COMMITTEE


New Amendments handed in are marked thus *

ADOPTION AND CHILDREN BILL

NOTE

The Amendments have been arranged in accordance with the Order of the Committee [27th November].

   

Jacqui Smith

259

Clause     91,     page     50,     line     5,     leave out from 'in' to end of line 6.


   

Jacqui Smith

261

Clause     113,     page     63,     line     38,     after '88(2)' insert—

    '( )   a person other than an adoption agency is willing to receive a child handed over to him with a view to the child's adoption by him or another'.


   

Tim Loughton
Robert Walter
Henry Bellingham
Jonathan Djanogly
Julian Brazier

256

Clause     110,     page     58,     line     2,     at end insert—

       '( ) Section 41 applies in relation to proceedings in which any question of making, varying or discharging a special guardianship order arises as if they were specified proceedings for the purpose of that section.'.

   

Tim Loughton
Robert Walter
Henry Bellingham
Jonathan Djanogly
Julian Brazier

257

Clause     110,     page     60,     line     12,     after 'guardian', insert 'and,

      (c) a birth parent'.

   

Tim Loughton
Robert Walter
Henry Bellingham
Jonathan Djanogly
Julian Brazier

253

Clause     110,     page     60,     line     17,     leave out 'decide whether to'.

   

Tim Loughton
Robert Walter
Henry Bellingham
Jonathan Djanogly
Julian Brazier

245

Clause     110,     page     60,     line     17,     at end insert 'and provide for a review of a decision not to provide special guardianship support services.'.

   

Tim Loughton
Robert Walter
Henry Bellingham
Jonathan Djanogly
Julian Brazier

254

Clause     110,     page     60,     line     17,     at end insert 'and provide a written explanation of their reasons if those support services will not be forthcoming.'.

   

Tim Loughton
Robert Walter
Henry Bellingham
Jonathan Djanogly
Julian Brazier

248

Clause     110,     page     60,     line     25,     leave out 'may' and insert 'must'.

   

Tim Loughton
Robert Walter
Henry Bellingham
Jonathan Djanogly
Julian Brazier

244

Clause     110,     page     60,     line     28,     at end insert 'which regulations must at all times bear in mind, that, in general, any delay in provisions of special guardianship support services is likely to prejudice the child's welfare.'.

   

Tim Loughton
Robert Walter
Henry Bellingham
Jonathan Djanogly
Julian Brazier

246

Clause     110,     page     60,     line     29,     leave out 'may'.

   

Tim Loughton
Robert Walter
Henry Bellingham
Jonathan Djanogly
Julian Brazier

249

Clause     110,     page     60,     line     29,     after 'particular', insert 'will'.

   

Tim Loughton
Robert Walter
Henry Bellingham
Jonathan Djanogly
Julian Brazier

250

Clause     110,     page     60,     line     30,     leave out 'or' and insert 'and'.

   

Tim Loughton
Robert Walter
Henry Bellingham
Jonathan Djanogly
Julian Brazier

255

Clause     110,     page     60,     line     42,     at end insert 'as long as the well-being of any person with regard to special guardianship support services is not affected and there is no avoidable delay.'.

   

Tim Loughton
Robert Walter
Henry Bellingham
Jonathan Djanogly
Julian Brazier

251

Clause     110,     page     61,     line     19,     at end insert—

    '(10)   A local authority will make an application and receive any additional financial resources for the specific use of special guardianship support services from the Government.'.

   

Tim Loughton
Robert Walter
Henry Bellingham
Jonathan Djanogly
Julian Brazier

258

Clause     110,     page     61,     line     25,     after 'guardian', insert 'and,

      (c) birth parents'.


   

Jacqui Smith

260

Clause     111,     page     62,     line     18,     at end insert—

    '(3B)   The duty under subsection (3) extends to representations (including complaints) made to the authority by —

      (a) any person mentioned in section 3(1) of the Adoption and Children Act 2002 (persons for whose needs provision is made by the Adoption Service) and any other person to whom arrangements for the provision of adoption support services (within the meaning of that Act) extend,

      (b) such other person as the authority consider has sufficient interest in a child who is or may be adopted to warrant his representations being considered by them,

    about the discharge by the authority of such functions under the Adoption and Children Act 2002 as are specified by the Secretary of State in regulations'.


   

Tim Loughton
Robert Walter
Henry Bellingham
Jonathan Djanogly
Julian Brazier

252

Clause     112,     page     63,     line     11,     at end insert 'and reference should be made to all relevant departments within that authority.'.


NEW CLAUSES RELATING TO PART 2

Registration of private foster parents

   

Mr Jonathan R. Shaw
Mr Elfyn Llwyd
Mr Hilton Dawson

NC9

To move the following Clause:—

       'For section 69 of the 1989 Act (Power to prohibit private fostering) there is substituted—

    "69(1)   Every local authority shall keep a register of persons who act as private foster parents within their area.

    (2)   A local authority shall not register any person as a private foster parent unless it is satisfied that he is fit to act as a private foster parent.

    (3)   The Secretary of State shall by regulations make provision as to the considerations to which a local authority is to have regard in reaching a decision as to whether to register a person as a private foster parent.

    (4)   A local authority shall cancel the registration of any person under subsection (1) if:

      (a) it appears to them that the circumstances of the case are such that they would be justified in refusing to register that person as a private foster parent;

      (b) the care provided by that person for any privately fostered child is, in the opinion of the authority, inadequate having regard to the needs of that child; or

      (c) the premises in which any privately fostered child is or would be accommodated are not suitable for that purpose.

    (5)   No person shall act as a private foster parent unless he is registered under subsection (1).

    (6)   A person who contravenes subsection (5) shall be guilty of an offence.

    (7)   A person guilty of an offence under subsection (6) shall be liable on summary conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both.

    (8)   A person aggrieved by the refusal of a local authority to register him as a private foster parent may appeal to the court in accordance with paragraph 8 of Schedule 8 to this Act.".'.


Amendment of section 17 of the Children Act 1989
   

Margaret Moran
Ms Megg Munn
Mr Hilton Dawson
Mr Elfyn Llwyd

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
Mr Elfyn Llwyd

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).".'.


Parental contact with children after separation in cases involving violence or abuse

   

Margaret Moran
Ms Meg Munn
Mr Hilton Dawson

NC12

To move the following Clause:—

       'After section 8 in Part 2 of the Children Act 1989 there is inserted—

"8A Contact orders in cases involving family violence

    (1)   Where a court is considering whether to make a residence or contact order in favour of a prohibited person, the court will—

      (a) consider whether the child has suffered or is at risk of suffering harm as a result of abuse or neglect or through seeing or hearing ill-treatment of another person

      (b) assess the risks involved

      (c) take all reasonable steps to ensure the protection of the child.

    (2)   For the purposes of this section a person will be defined as a prohibited person if—

      (a) there is a reason to believe that he has caused or is likely to cause significant harm to a child; or

      (b) he is facing charges or has been convicted of a violent offence against any member of his family or a former spouse or cohabitee or associated person as defined by section 62 of the Family Law Act 1996; or

      (c) he is or the court considers he should be prohibited by a non-molestation order or an occupation order or a prohibited steps order or a restraining order or there is an undertaking not to commit acts of violence or intimidation.

    (3)   In considering such matters the standard of evidence applied by the court will be the simple balance of probabilities.

8B Section 8A: Supplementary

       In considering whether the child will be safe if contact or residence is granted to a prohibited person, the court shall, so far as is practicable, have regard to the following matters—

      (a) the nature and severity of the violence;

      (b) how recently the violence occurred;

      (c) the frequency of violence;

      (d) the risk of further violence occurring;

      (e) the physical or emotional harm caused to the child by the violence;

      (f) in relation to the prohibited person—

            (i)   if that person has Schedule one offences (1933) for neglect, physical injury or sexual harm to a child

            (ii)   is subject to current section 47 Children Act 1989 inquiries or has been in the past

      (iii) if that person is a banned person from employment with children according to the Criminal Justice and Court Services Act 2001

      (g) in relation to the child and the prohibited person—

            (i)   if the child is on the child protection register

            (ii)   if the child is subject to a protection order according to the Children Act 1989

            (iii)   if the child is subject to current section 47 Children Act 1989 inquiries or has been

      (h) whether the other party to the proceedings—

            (i)   considers that the child will be safe while the prohibited person has contact with or residence of the child

            (ii)   consents to the prohibited person having contact with or residence of the child;

      (i) the wishes of the child, if the child is able to express them, and having regard to the age and maturity of the child;

      (j) any steps taken by the prohibited person to prevent further violence occurring;

      (k) such further matters as the court considers relevant.

    (2)   A person who has suffered abuse is not regarded, for the purposes of this section, as having caused or allowed the child to see or hear the abuse, or, as the case may be, as having put the child, or allowed the child to be put, at risk of seeing or hearing abuse.".'.

 
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Prepared 15 Jan 2002