NOTICE OF APPLICATION TO BE GIVEN TO LOCAL AUTHORITY (Hansard, 28 October 1975)

§ Dr. Owen
I beg to move Amendment No. 247, in page 26, line 19, leave out from 'investigate' to end of line 22 and insert 'make a report to the court (so far as is practicable) on the matters prescribed under subsection (3) and on any other matter which he considers to be relevant to the application. (3) The Secretary of State shall by regulations prescribe matters which are to be included in a report under subsection (2) and, in particular, but without prejudice to the generality of the foregoing, the prescribed matters shall include—'.

Mr. Deputy Speaker
With this we may take Government Amendment No. 248.
We may also take Amendment No. 146, in page 26, line 29, at end insert— '(c) the suitability of any person living either temporarily or permanently in the household of the applicant; and'

§ Dr. Owen
These Government amendments are designed to ensure that the local authority, in carrying out its duty under Clause 38(2) to report to the court on an application for a custodianship order, shall include relevant information, of a kind to be specified in regulations, relating to members of the applicant's household.
The amendments are intended to fulfil my undertaking, given in the tenth sitting of the Standing Committee, to consider the possibility of meeting on Report the point underlying Amendment No. 168, suggested by my hon. Friend the Member for Stockport, North (Mr. Bennett), who withdrew it, which would have required the local authority to investigate the "suitability" of other persons living in the applicant's household. I explained that there were difficulties about using the term "suitability" in this context in the Bill. Those objections apply also to Amendment No. 146 now tabled by the hon. Member for Wallasey (Mrs. Chalker). However, I think that we have met the substance of her argument in Committee.

§ Mrs. Chalker
We welcome the Government amendments on this matter. It came to my knowledge only this week that there is a tragedy in my own area where a child of mixed parentage in a secure foster home has been taken back into the home of natural parents. Custodianship would have been applied for had the Bill been passed. Without these amendments there would have been no reason for the social workers to investigate the part-time cohabitant in this particular family who, regrettably, happened to be racially prejudiced.
We are now beginning to get to the bottom of the case, which but for the concern of the social worker and her interest in the legislation might not have been possible.
We welcome the two amendments to the Bill. We are sure that they will improve the Bill and the practice of social work.