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back to previous amendments
| | THE EARL HOWE
THE BARONESS BYFORD
THE BARONESS BARKER |
| 113 | Page 5, line 43, at end insert— |
| "( ) | any person providing medical or clinical services" |
| 114 | Page 5, line 43, at end insert— |
| 115 | Page 5, line 43, at end insert— |
| "( ) | the operator of a database, established under section 8, for an area in England" |
| | THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
| 116 | Page 5, line 43, at end insert— |
| "( ) | a regional office of the National Asylum Support Service; |
| ( ) | the centre manager of an immigration removal centre; |
| ( ) | the Chief Immigration Officer at the port of entry" |
| | THE EARL HOWE
THE BARONESS BYFORD
THE BARONESS BARKER |
| 117* | Page 5, line 43, at end insert— |
| "( ) | any person with responsibility for children held in an immigration detention centre; |
| ( ) | a regional office of the National Asylum Support Service; |
| ( ) | the centre manager of an immigration removal centre; |
| ( ) | the Chief Immigration Officer at a port of entry into the United Kingdom" |
| | THE LORD NORTHBOURNE
THE BARONESS HOWE OF IDLICOTE |
| 118* | Page 6, line 1, after first "to" insert— |
| | THE EARL HOWE
THE BARONESS BYFORD
THE BARONESS BARKER |
| 119 | Page 6, line 1, leave out from "discharged" to "the" in line 2 and insert "in a manner consistent with the objective of safeguarding and promoting" |
| 120 | Page 6, line 2, after "the" insert "health and" |
| | THE LORD LUCAS
THE EARL HOWE
THE BARONESS BYFORD |
| 121 | Page 6, line 2, after "children" insert "(wherever appropriate in the context of their families)" |
| | THE LORD NORTHBOURNE
THE BARONESS HOWE OF IDLICOTE |
| 122* | Page 6, line 2, at end insert— |
| "(ii) | the need to respect the responsibilities and rights of those who have parental responsibility" |
| | THE BARONESS WALMSLEY
THE BARONESS STERN |
| 123 | Page 6, line 2, at end insert— |
| "( ) | no decision or action taken in the course of discharging their functions is contrary to the safeguarding and promotion of the welfare of any child; and" |
| | THE EARL HOWE
THE BARONESS BYFORD
THE BARONESS BARKER |
| 124 | Page 6, line 5, leave out "having regard to that need" and insert "in a manner consistent with that objective" |
| 125 | Page 6, line 5, at end insert "as it applies in the area served by the person or body" |
| 126 | Page 6, line 5, at end insert— |
| "( ) | their functions are discharged in a manner which takes account of the wishes and feelings of children" |
| | THE BARONESS WALMSLEY
THE BARONESS HOWE OF IDLICOTE
THE EARL HOWE |
| 127 | Page 6, line 5, at end insert— |
| "( ) | Each person and body to whom this section applies must in discharging their duty under this section have due regard to— |
| (a) | the need, where opportunities for disabled children are not as good as those for other children, to promote equality of opportunity between disabled children and other children by improving opportunities for disabled children; and |
| (b) | the need to promote equality of opportunity between— |
| (i) | children of different racial groups, religions or beliefs, family status or sexual orientation; and |
| (ii) | between boys and girls generally." |
| | THE EARL HOWE
THE BARONESS BYFORD |
| 128 | Page 6, line 8, at end insert— |
| "( ) | In this section "to safeguard" means— |
| (a) | to take all reasonable measures to minimise risks to; and |
| (b) | to take all appropriate action (where necessary in partnership) to address specific concerns relating to." |
| | THE LORD NORTHBOURNE
THE EARL HOWE
THE BARONESS BYFORD |
| 129 | Page 6, line 10, after first "to" insert— |
| "(a) | the fact that parents have primary responsibility for the care and education and wellbeing of any child for whom they have parental responsibility; and |
| | THE BARONESS WALMSLEY
THE BARONESS BARKER |
| 130* | Page 6, line 11, at end insert— |
| "( ) | The following subsections shall be inserted at the end of section 17 of the Children Act 1989— |
| "(13) | A local authority must at the request of— |
| (i) | any child who is in need as defined in subsection (10), or |
| (ii) | any person caring for, or who proposes to care for, such a child, or |
| (iii) | any person who has parental responsibility for such a child |
| | carry out an assessment of that person's needs for services appropriate to the child's needs. |
| (14) | A local authority may, at the request of any other person, carry out an assessment of that person's needs for services in relation to a child in need. |
| (15) | Where, as a result of an assessment, a local authority decide that a person has needs for services under this Part, the local authority must then decide whether to provide any such services to that person. |
| (16) | If a local authority decide to provide any services to a person under this Part, the local authority must prepare a plan in accordance with which services are to be provided to the person and keep the plan under review. |
| (17) | Regulations may make provision about assessments, preparing and reviewing plans, the provision of services in accordance with plans and reviewing the provision of services."" |
| | THE BARONESS WALMSLEY
THE LORD LESTER OF HERNE HILL |
| 131* | Leave out Clause 7 and insert the following new Clause— |
| | Parliament may make payments to the Children's Commissioner to such amount as may be sanctioned by the Treasury, and these payments shall be defrayed out of moneys provided by Parliament." |
| | THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD
THE EARL HOWE |
| 132 | Insert the following new Clause— |
| | "Ascertaining the child's wishes and feelings |
| ( ) | Section 17 of the Children Act 1989 Act (provision of services for children in need, their families and others) is amended as follows. |
| ( ) | After subsection (3) insert— |
| "(3A) | Before making any decision about the provision of any service to a child in the exercise of functions conferred on them by this section, the local authority concerned shall take such steps as are reasonably practicable— |
| (a) | to ascertain the child's wishes and feelings; and |
| (b) | to record in writing the child's wishes and feelings; or |
| (c) | to record in writing why it has not been reasonably practicable to ascertain the child's wishes and feelings. |
| (3B) | In making any such decision about any action to take with respect to him, a local authority shall give due consideration having regard to his age and understanding, to such wishes and feelings of the child as they have been able to ascertain."" |
| 133 | Insert the following new Clause— |
| | "Local authority duty to investigate |
| | In section 47 of the Children Act 1989 (local authority's duty to investigate), for subsection (4) substitute— |
| "(4) | Where enquiries are being made under subsection (1) with respect to a child, the local authority concerned shall (with a view to enabling them to determine what action, if any, to take with respect to him) take such steps as are reasonably practicable— |
| (a) | to obtain access to him; |
| (b) | to ensure that access to him is obtained, on their behalf, by a person authorised by them for the purpose; |
| (c) | to ascertain the child's wishes and feelings; |
| (d) | to record in writing the child's wishes and feelings; or |
| (e) | to record in writing why it has not been reasonably practicable to ascertain the child's wishes and feelings. |
| (4A) | In making any such decision about any action to take with respect to him, a local authority shall give due consideration, having regard to his age and understanding, to such wishes and feelings of the child as they have been able to ascertain."" |
| | THE EARL HOWE
THE BARONESS BYFORD
THE BARONESS BARKER |
| 134 | Page 6, line 18, leave out paragraph (b) and insert— |
| "(b) | by regulations establish a national database for the United Kingdom to contain identifying information about persons notified by children's services authorities in England and Wales and by relevant bodies in Scotland and Northern Ireland and to specify the circumstances in which such information may be accessed by, and passed between, those authorities and bodies. |
| ( ) | The information for which provision may be made under subsection (1)(a) shall comprise— |
| (a) | the name of a person to whom the arrangements relate ("the subject"); |
| (b) | such other information as may be prescribed which is both necessary and sufficient to identify the subject uniquely; |
| (c) | the name of the person who has entered the information on the database ("the initiator") together with his address, telephone number and such other information as may be prescribed to enable contact to be made with him; |
| (d) | the date on which the entry was made; |
| (e) | such other information as may be prescribed which is both necessary and sufficient to indicate the degree (but not the nature) of concern about the subject on the part of the initiator. |
| ( ) | The identifying information for which provision may be made under subsection (1)(b) shall comprise— |
| (a) | the name of a person; |
| (b) | such other information as may be prescribed which is both necessary and sufficient to identify a person uniquely; and |
| (c) | the name of the children's services authority, or relevant body in Scotland or Northern Ireland, on whose database information about the relevant person is held, together with their address, telephone number and such other information as may be prescribed to enable contact to be made with them." |
| | THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
| 135 | Page 6, line 20, at end insert— |
| "( ) | Any person or body establishing a database under this section shall ensure that the database operates solely to safeguard and promote the welfare of every child whose personal information they hold." |
| | THE EARL HOWE
THE BARONESS BYFORD
THE BARONESS BARKER |
| 136 | Page 6, line 28, at end insert— |
| "( ) | as to the information which may not be contained in any such database;" |
| | THE BARONESS BARKER
THE BARONESS WALMSLEY
THE EARL HOWE
THE BARONESS BYFORD |
| 137* | Page 6, line 29, leave out "or requiring" |
| 138* | Page 6, line 31, leave out "or requiring" |
| | THE LORD NORTHBOURNE
THE BARONESS HOWE OF IDLICOTE |
| 139* | Page 6, line 32, at end insert "including the circumstances under which information may or must be available to persons with parental responsibility for a child or children in the relevant authority area" |
| | THE EARL HOWE
THE BARONESS BYFORD
THE BARONESS BARKER |
| 140 | Page 6, line 34, at end insert— |
| "( ) | as to the circumstances in which access to any such database may be denied;" |
| 141 | Page 6, line 37, at end insert— |
| "( ) | as to procedures designed to ensure the security of information held on such a database" |
| 142 | Page 6, line 37, at end insert— |
| "( ) | as to the length of time that information must be retained on a database" |
| 143 | Page 6, line 37, at end insert— |
| "( ) | as to procedures designed to ensure the accuracy of information held on such a database" |
| | THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
| 144 | Page 6, line 37, at end insert— |
| "( ) | imposing restrictions as to the information relating to any individual against whom any allegations of improper conduct in relation to a child has been made but not proven" |
| | THE BARONESS WALMSLEY
THE BARONESS BARKER |
| 145* | Page 6, line 37, at end insert— |
| "( ) | imposing penalties for the misuse of information contained in such database and for the holding or disclosure of information contrary to the requirements of the regulations" |
| 146* | Page 6, line 37, at end insert— |
| "( ) | In relation to any regulations made by the Secretary of State under subsections (1) to (4), the regulations must provide that— |
| (a) | where information is recorded on any such database, the person recording the information must notify the person about whom the information is recorded of the information and provide that person with a copy of it; and |
| (b) | where information is recorded on any such database, and the information relates to a child, the person recording the information must notify and provide each of the following persons with a copy of the information— |
| (i) | the child if he or she is of sufficient maturity, and |
| (ii) | his or her parent, carer and any person with parental responsibility, unless the child is of sufficient maturity, objects to such notification and it would be detrimental to his or her interests." |
| | THE EARL HOWE
THE BARONESS BYFORD
THE BARONESS BARKER |
| 147 | Page 6, line 40, leave out paragraph (a) |
| | THE BARONESS WALMSLEY
THE BARONESS BARKER |
| 148* | Page 6, line 43, leave out paragraph (b) and insert— |
| "(b) | information which gives reasonable cause to suspect that a child is suffering or is likely to suffer significant harm" |
| 149* | Page 6, line 43, leave out "cause for concern" and insert "risk of significant harm" |
| | THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
| 150 | Page 6, line 43, at end insert "the physical or mental health or the social and economic well-being of" |
| 151 | Page 6, line 44, at end insert "or the protection from harm or neglect of such a person" |
| | THE BARONESS WALMSLEY
THE BARONESS BARKER |
| 152* | Page 6, line 44, at end insert— |
| "( ) | In relation to any regulations made by the Secretary of State under subsections (1) to (4), the regulations must provide that— |
| (a) | where information recorded on any such database is disclosed to another person, the person making the disclosure must notify the person about whom the disclosure is made of the information being disclosed, and provide them with a copy of it; and |
| (b) | where information recorded on any such database is disclosed to another person, and the information relates to a child, the person making the disclosure must notify the following persons unless such notification will place the child at risk of immediate harm— |
| (i) | the child if he or she is of sufficient maturity, and |
| (ii) | his or her parent, carer and any person with parental responsibility of the information and provide each of these persons with a copy of it." |
| | THE BARONESS BARKER
THE BARONESS WALMSLEY |
| 153* | Page 7, line 1, leave out subsection (7) |
| | THE EARL HOWE
THE BARONESS BYFORD
THE BARONESS BARKER |
| 154 | Page 7, line 1, leave out subsection (7) and insert— |
| "(7) | Regulations under subsection (3) may also prescribe standards governing the circumstances in which action taken under the regulations shall be taken lawfully notwithstanding any rule of common law which prohibits or restricts the disclosure of information." |
| 155* | Page 7, line 1, leave out from "(3) to end of line 3 and insert "shall be consonant with the common law duty of confidentiality and relevant statutory duties relating to information sharing." |
| | THE BARONESS BARKER
THE EARL OF NORTHESK
THE BARONESS WALMSLEY
THE LORD CAMPBELL OF ALLOWAY |
| 156* | Page 7, line 16, at end insert— |
| "(10) | Information upon a child that has been processed and held in the form of a file or files on a database or databases set up pursuant to arrangements made under regulations passed under section 8(1) is to be deleted upon the date at which that child reaches the age of 18. |
| (11) | Information upon a child that has been held in the form of back-up to a database or databases, whether on paper or other media, pursuant to regulations issued under section 8(1) is to be expunged or destroyed by the date at which that child reaches the age of 18. |
| (12) | Exceptions to subsections (10) and (11) must be made only by authorisation of the Secretary of State and must be communicated to the child or his legal representative before the date on which the child attains the age of 18." |
| | THE EARL OF NORTHESK
THE BARONESS BARKER
THE BARONESS WALMSLEY
THE LORD CAMPBELL OF ALLOWAY |
| 157* | Page 7, line 16, at end insert— |
| "(11) | If each House of Parliament passes a resolution that regulations passed under this section shall have effect with a specified amendment, the regulations shall have effect as amended, with effect from— |
| (a) | such time, after the passing of the resolutions, as may be specified in them, or |
| (b) | if no time is specified in the resolutions, the beginning of the day after that on which the resolutions are passed (or, if they are passed on different days the beginning of the day after that on which the second resolution is passed)." |
| 158* | Page 7, line 16, at end insert— |
| "(12) | If no regulations are enacted by the Secretary of State pursuant to his power under section 8(1) within a period of two years of this Act coming into force, the power to enact such regulations shall lapse." |
| | THE EARL HOWE
THE BARONESS BYFORD
THE BARONESS BARKER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill. |
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