HC Deb 29 March 1979 vol 965 cc615-6
17. Mr. Temple-Morris

asked the Secretary of State for the Home Department if he will take steps to give juvenile courts the power to make residential care orders.

Mr. John

No, Sir.

Mr. Temple-Morris

Is the Minister aware that there is a somewhat delicate balance of power between the courts and the social workers? Does he not agree that the courts, in necessary circumstances, should have the power to say who goes into residential care and who does not?

Mr. John

We have been concerned with this delicate balance of power in every Question Time for the last year. It is vital that there should be undivided responsibility. That responsibility is best placed where it is at the moment—with the local authority. The hon. Gentleman will know—as I do—that the code of conduct has helped to clarify for local authorities the circumstances in which courts may expect a young person not to go home on the disposition of a case.

Mr. Kilroy-Silk

Does not my hon. Friend agree that this demand for increased public expenditure by the Conservative Party is, first, unnecessary, because the numbers of juveniles are small, and, secondly, that the demand is counterproductive? What is needed to deal with the problem is a full implementation of the Children and Young Persons Act 1969 and the provision of proper public funds to make that Act a reality in practice.

Mr. John

I agree with my hon. Friend. Never have so few juveniles been elevated to such major crime.

Mr. Stan Crowther

As an alternative to residential care orders, does not my hon. Friend think that it would be a good idea to introduce legislation allowing community service to be applied to juvenile offenders, in view of the great success achieved by that system for adult offenders as an alternative to prison?

Mr. John

That is an interesting point. The hon. Gentleman will appreciate that, hitherto, we have concentrated on making community service universally available. When it is, and when it is working universally, we shall move on.