§ The Under-Secretary of State for the Home Department (Mr. Younger)I beg to move, in page 7, line 41, at the end, to insert:
(4) Where under section seventy-four of the said Act of 1933 or section seventy-eight of the said Act of 1937 a child is under the supervision of the managers of an approved school or under paragraph 6 of the Fourth Schedule to the said Act of 1933 or paragraph 6 of the Second Schedule to the said Act of 1937 the managers of an approved school by licence permit a child to live away from the school, and in either case it appears to the managers that the child has no home or that his home is unsatisfactory, then with the consent of the managers, in a case falling within the said section seventy-four or seventy-eight, or if the licence so provides, in a case falling within the said paragraph 6, a local authority may (without prejudice to the provisions of section one of this Act if those provisions apply) receive the child into their care; and where they do so—1845 Clause 6 (3, a) provides that the making of an approved school order in respect of a child in care will take the child out of the care of the local authority and will bring to an end any resolution that may be in force. The purpose of this is to avoid a conflict of authorities, because the approved school order confers parental rights on the managers. This Amendment will empower the local authority, with the consent of the school managers, to receive into its care any child, not only a child who was in care previously, on license or under supervision, who is in a home or whose home, in the opinion of the managers, is unsatisfactory. The Amendment is proposed as a result of discussion in Committee on a suggestion rather similar to this, and I hope that it will prove acceptable to the Committee.
- (a) the provisions of this Act, except subsections (4) and (5) of section one thereof and so much of subsection (3) of that section as requires a local authority to endeavour to secure that the care of a child is taken over by a parent, guardian, relative or friend, shall apply as if the child had been received into their care under the said section one; but
- (b) the child shall not for the purposes of the said Act of 1933 or the said Act of 1937 be deemed to have ceased to be under the care of the managers of the school.
§ Amendment agreed to.
§ Clause, as amended, ordered to stand part of the Bill.