HC Deb 28 October 1975 vol 898 cc1311-3

'.—(1) Where it appears to a local authority as respects a child in the care of a voluntary organisation which is an incorporated body—

  1. (a) that the child is not in the care of any local authority; and
  2. (b) that a condition specified in section 2(1) of the Children Act 1948 is satisfied: and
  3. (c) that it is necessary in the interests of the welfare of the child for the parental rights and duties to be vested in the organisation,
the authority may, subject to subsections (5) and (6), resolve that there shall vest in the organisation the parental rights and duties with respect to that child.

(2) While a resolution under this section is in force the parental rights and duties shall vest in the organisation in whose care the child is when the resolution is passed.

(3) If, immediately before the resolution is passed, the parental rights and duties are vested in the parent in relation to whom the resolution is passed jointly with any other person, then on the passing of the resolution the parental rights and duties shall vest jointly in that other person and the organisation in whose care the child is.

(4) In determining, for the purposes of subsection (1) of this section, whether the condition specified in section 2(1)(b)(i) of the Children Act 1948 is satisfied, if the whereabouts of any parent of the child have remained unknown for twelve months, that parent shall be deemed to have abandoned the child.

(5) A resolution under subsection (1) may not be passed by a local authority in respect of any child unless—

  1. (a) the child is living in the area of the authority either in a voluntary home or with foster parents with whom he has been boarded by the organisation in whose care he is; and
  2. (b) that organisation has requested the authority to pass the resolution.

(6) The parental rights and duties which may vest in an organisation by virtue of this section do not include the right to consent or refuse to consent to the making of an application under section 14 and the right to agree or refuse to agree to the making of an adoption order or an order under section 25; and regulations made under section 33(1) of the Children Act 1948 shall apply to the emigration of a child notwithstanding that the parental rights and duties relating to the child are vested in the voluntary organisation.

(7) Subsection (8) of section 2 of the Children Act 1948 shall apply in relation to a resolution under subsection (1) as if it were a resolution under the said section 2.'—[Dr. Owen.]

Brought up, and read the First time.

4.21 p.m.

The Minister of State, Department of Health and Social Security (Dr. David Owen)

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker (Mr. George Thomas)

With the new clause we are to take Government new Clauses 2, 3, 11 and 15 and Government Amendments Nos. 131, 132, 186 to 204, 209 and 210.

Mrs. Jill Knight (Birmingham, Edgbaston)

On a point of order, Mr. Deputy Speaker. I am disturbed to see that there are 240 amendments on the Notice Paper. We have very complicated matters to deal with in one day. We are grateful to the Minister for his help, but it is an enormous number of amendments to get through in a day.

Mr. Deputy Speaker

I was very courteous to the hon. Lady, because she knew in the first ten seconds that I appreciated that that was not a point of order. The hon. Lady's quarrels with the Government are not quarrels with the Chair.

Dr. Owen

New clauses 1, 2, 3 and 11—and new Clause 15 makes similar provision under Scottish law—give effect to an undertaking that I gave in Committee on 29th July to introduce a new clause which would enable a voluntary organisation to obtain parental rights and duties in respect of a child in its care by means of a resolution passed by a local authority instead of by a decision of a juvenile court, as proposed in the new Clause 7 discussed in Committee.

The proposals in the new clauses differ in a number of respects from the proposals outlined in Committee. These changes have the approval of the National Council of Voluntary Child Care Organisations, and the initial reaction of the directors of social services is also favourable.

Dr. Gerard Vaughan (Reading, South)

We on this side of the House very much appreciated not only the many undertakings which the Minister gave in Committee but the way in which he has fulfilled them. We have had a steady stream of papers from him setting out more clearly the various steps that he would take. We welcome the new clauses.

However, I should like to ask the hon. Gentleman for clarification of new Clause 1. As I understand it, it makes no provision for the child who is in the care of a voluntary body which is not incorporated or for the very rare cases where the local authority does not consider a voluntary body to be a suitable recipient of parental rights. May we assume that in such cases the authority will still have powers under the 1948 Act to assume parental rights itself directly? May we have assurances on this matter?

Dr. Owen

I can give the hon. Gentleman assurances on both those matters. In both instances the manner in which the children are cared for is subject to oversight by the local authority under Section 54 (3) of the Children Act 1948, which places a duty on local authorities to cause children living in voluntary homes to be visited from time to time, or under the Boarding Out of Children Regulations 1955.

Restricting the voluntary organisations which may apply to a local authority for parental rights and duties to those which are incorporated bodies is done because we are advised that in law only an incorporated body could be vested with these powers as a body. In fact, many voluntary organisations already are incorporated bodies, and for others it is very simple to become incorporated.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

Forward to