HC Deb 28 June 1948 vol 452 cc1855-6
Mr. Younger

I beg to move, in page 6, line 13, to leave out from beginning, to "of," in line 14, and to insert: assent of a local authority shall not be required for the making by the court of an order committing him to the care of the authority unless a probation order or supervision order is in force or the court proposes to make such an order at the same time as the order committing the child to the care. This Clause empowers a court at their discretion to commit a child or young person to the care of a local authority as a fit person. This Amendment provides that where a probation or supervision order is in force, or where the court intend to make such an order, the court will not be empowered to commit the child to a local authority as a fit person unless with the consent of the authority. This is a matter which we discussed at some length during Committee stage and my right hon. Friend undertook to consider it. The argument was put forward from both sides that without this form of Amendment there was a danger of duplication of supervision. My right hon. Friend hopes that the Amendment will go most of the way towards meeting the criticisms which were put forward.

Mr. S. Marshall

I am sure that this Amendment will be very acceptable to local authorities who saw a difficulty in having a child under dual control. It will simplify the matter very considerably, and to that end meets the objections which were made during the Committee stage.

Amendment agreed to.

Further Amendment made: In page 6, line 25, after "that," insert: where a probation order or supervision order is in force as respects a child or young person, or the court proposes to make such an order at the same time as an order for committal to the care of the local authority, the last-mentioned order shall not be made unless the local authority consent to the making thereof. (1A) Before making an order under the last foregoing subsection in any case where the consent of the local authority is not required."—[Mr. Younger.]