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

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Mr Secretary Milburn

144

Page     66,     line     1     [Clause     115],     at beginning insert 'Subsections (3A) and (3B) apply'.

   

Mr Secretary Milburn

145

Page     66,     line     2     [Clause     115],     leave out from 'means' to end of line 7 and insert—

    '(3A)   A person is not guilty of the offence unless it is proved that he knew that what was distributed was an advertisement or information to which this section applies; but this subsection only applies if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge mentioned.

    (3B)   A person is not guilty of the offence unless it is proved that it was reasonably practicable for him to prevent the distribution; but this subsection only applies if sufficient evidence is adduced to raise an issue as to whether it was reasonably practicable for the person to do so'.


NEW CLAUSES RELATING TO PART 2

Accommodation of children in need etc.
   

Mr Secretary Milburn

NC7

To move the following Clause:—

    '(1)   In section 17 of the 1989 Act (provision of services for children in need, their families and others), in subsection (6) (services that may be provided in exercise of the functions under that section) after "include" there is inserted "providing accommodation and ".

    (2)   In section 22 of that Act (general duty of local authority in relation to children looked after by them), in subsection (1) (looked after children include those provided with accommodation, with exceptions) before "23B" there is inserted "17".

    (3)   In section 24A of that Act (advice and assistance for certain children and young persons aged 16 or over), in subsection (5), for "or, in exceptional circumstances, cash" there is substituted "and, in exceptional circumstances, assistance may be given—

      (a) by providing accommodation, if in the circumstances assistance may not be given in respect of the accommodation under section 24B, or

      (b) in cash.".'.


Meaning of "harm" in the 1989 Act

   

Ms Rosie Winterton

NC6

To move the following Clause:—

       'In section 31 of the 1989 Act (care and supervision orders), at the end of the definition of "harm" in subsection (9) there is inserted "including, for example, impairment suffered from seeing or hearing the ill-treatment of another".'.


Parental contact in cases involving violence or abuse

   

Margaret Moran
Sandra Gidley
Mr Robert Walter
Mr Elfyn Llwyd
Hilton Dawson

NC10

To move the following Clause:—

       'After section 8 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, the court will first make a finding as to whether any of the parties is a prohibited person who would pose a risk to the child.

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

      (a) there is reason to believe that he has caused or is likely to cause 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 any other child; 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 he has given an undertaking not to commit acts of violence or intimidation.

    (3)   A person who has suffered abuse from the other party 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.

    (4)   If one of the parties is found to be a prohibited person, the court must be satisfied that any arrangements ordered under section 8 will be safe for the child.

    8B   Safety of the Child: matters to be considered

    (1)   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 the 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 1 offences (1933) for neglect, physical injury or sexual harm to a child

      (ii) is subject to current section 47 Children Act 1989 enquiries 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 enquiries 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; and

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


Advice and assistance for certain children in need

   

Mr Hilton Dawson

NC12

To move the following Clause:—

       'In section 24(2) of the 1989 Act, there is inserted—

      "(f) provided with accommodation under section 17 in circumstances where he was unaccompanied by an adult.".'.


   

Mr Secretary Milburn

93

Page     55,     line     38     [Clause     107],     after '18(1)', insert ', and sections 18(2)(b) and 20(1)(a),'.


   

Mr Secretary Milburn

94

Page     58,     line     12     [Clause     111],     at end insert—

      '(d) a local authority foster parent with whom the child has lived for a period of at least one year immediately preceding the application.'.


   

Mr Secretary Milburn

95

Page     59,     line     3     [Clause     111],     after first 'made', insert—

      '(a)'. 

   

Mr Secretary Milburn

96

Page     59,     line     4     [Clause     111],     at end insert 'and

      (b) any section 8 order in force with respect to the child should be varied or discharged.'.

   

Mr Secretary Milburn

97

Page     59,     line     14     [Clause     111],     leave out 'later order made' and insert 'other order in force with respect to the child'.


   

Mr Secretary Milburn

98

Page     60,     line     2     [Clause     111],     at end insert—

      '(ca) any individual not falling within any of paragraphs (a) to (c) who has, or immediately before the making of the special guardianship order had, parental responsibility for the child;'.

   

Mr Secretary Milburn

99

Page     60,     [Clause     111],     leave out lines 11 and 12 and insert—

    '(3)   The following must obtain the leave of the court before making an application under subsection (1)—

      (a) the child;

      (b) any parent or guardian of his;

      (c) any individual falling within subsection (1)(ca) who immediately before the making of the special guardianship order had, but no longer has, parental responsibility for the child.'.

   

Mr Secretary Milburn

100

Page     60,     line     17     [Clause     111],     leave out 'parent or guardian of the child' and insert 'person falling within subsection (3)(b) or (c)'.

   

Mr Secretary Milburn

101

Page     60,     [Clause     111],     leave out lines 20 to 22.


   

Mr Secretary Milburn

102

Page     61,     line     5     [Clause     111],     leave out 'A local authority may, and in prescribed cases must,'.

   

Mr Secretary Milburn

103

Page     61,     line     9     [Clause     111],     at end insert—

      '(c) any other person who falls within a prescribed description,'.

   

Mr Secretary Milburn

104

Page     61,     [Clause     111],     leave out lines 10 and 11 and insert 'a local authority may carry out an assessment of that person's needs for special guardianship support services (but, if the Secretary of State so provides in regulations, they must do so if he is a person of a prescribed description, or if his case falls within a prescribed description, or if both he and his case fall within prescribed descriptions).

    ( )   A local authority may, at the request of any other person, carry out an assessment of that person's needs for special guardianship support services.'.

 
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