HC Deb 23 October 1989 vol 158 cc498-500
Mr. Mellor

I beg to move amendment No. 325, in page 118, line 10, leave out from 'any' to 'is', in line 11, and insert—

  1. '(i) parent of his;
  2. (ii) person who is not a parent of his but who has parental responsibility for him; or
  3. (iii) person who is a relative of his and who has assumed responsibility for his care,'.

Mr. Speaker

With this it will be convenient to discuss Government amendments Nos. 207 to 209, 412, 210, 211, 327, 212, 219, 386 and 387.

Mr. Mellor

The effect of these amendments is to tidy up and improve the powers of local authorities to safeguard the welfare of children who are privately placed with foster parents, that is where the decision to place and choice of foster parents have been made by a child's natural parents.

A number of the amendments provide typographical corrections and bring terminology into line with the rest of the Bill and introduce other technical amendments.

The amendments of substance reflect our further consideration of those measures in the light of representations from hon. Members, local authorities and other bodies, such as the Save the Children Fund, concerned with the welfare of those children. Local authorities' powers are extended by giving them the power to prohibit any private fostering placement where the foster parent or the accommodation is unsuitable, or where the placement is prejudicial to the child's welfare. I stress that, because some right hon. and hon. Members will have heard, as I did in the early hours of this morning while I was wallowing in my bath, an interview in which the regulations governing these placements were discussed.

4.30 pm

I am glad to make it clear that local authorities' powers are to be extended to give them the power to prohibit any private fostering placement where the parent or the accommodation is unsuitable or the placement is prejudicial to the child's welfare. Previously, that power applied only where the local authority had not been properly notified of the placement. On reflection, that appeared to be too restrictive. Even where a placement has at first been deemed suitable by an authority, circumstances may change and the authority should be able to act to safeguard the child. There are important changes in the regulation-making power in respect of notification of fostering arrangements.

It is now clearly stated, for the avoidance of doubt, that parents and those with parental responsibility can be required to give the appropriate authority prior notice of a proposed fostering arrangement, subject only to the proviso that they are aware the child is to be fostered. That will be an important element of the regulations that we intend to make in accordance with those powers. Prior notice of a proposed placement is vital to enable authorities to investigate in advance the suitability of the proposed foster parents and placement.

It is essential that the authorities should be able to contact the child's parents. There are sad examples of parents who have behaved in an irresponsible manner by failing to keep in touch with their children or with foster parents. We shall also now be able to require foster parents to give notice when a person leaves or joins their household. That will be an additional safeguard against a privately fostered child being exposed to risks in a replacement.

There are particular anxieties about the welfare of west African children placed by their parents with white foster parents with insufficient regard to the children's race and culture.

We expect authorities, as part of their pre-placement inquiries and duty, to give advice to foster parents on the children's needs arising from their racial origin and cultural background.

That issue rightly arouses anxiety in hon. Members on both sides of the House. I am particularly grateful to my hon. Friend the Member for Mid-Kent (Mr. Rowe) for putting forward the points that I have mentioned most eloquently in Committee. I hope that my comments this afternoon will be of some comfort to him.

Mr. Andrew Rowe (Mid-Kent)

I thank my hon. and learned Friend for taking such care to say that the number of west African children coming to this country and being placed with foster parents while their parents return to west Africa is still a cause for anxiety. Do I understand that one of the elements that will be considered when a placement is regarded as prejudicial to the child's welfare is the cultural background of that child? I am sure that that is what he meant.

Mr. Mellor

That is certainly what I meant.

Amendment agreed to.

Amendments made:No. 326, in page 118, line 13, leave out 'registered'.

No. 466, in page 118, line 19, leave out from 'but' to end of line 20 and insert 'provided, equipped and maintained by the Secretary of State.'

No. 207, in page 118, line 21, after '(1)' insert `(b) to (g)'

No. 208, in page 118, line 41, leave out 'local authority for the area concerned'

and insert 'appropriate local authority'.

No. 209, in page 118, line 43, after 'be' insert 'privately'.

'.No. 412, in page 119, line 14, at end insert— '(4A) A local authority may at any time vary any requirement, impose any additional requirement or remove any requirement.'.

No. 210, in page 119, line 15, leave out 'paragraph' and insert 'Schedule— (a) "the appropriate local authority" means—

  1. (i) the local authority within whose area the child is being fostered; or
  2. (ii) in the case of a proposal to foster a child, the local authority within whose area it is proposed that he will be fostered;

and

(b) No. 211, in page 119, line 27, leave out paragraph (b) and insert— '(b) require any person who is—

  1. (i) a parent of a child; or
  2. (ii) a person who is not a parent of his but who has parental responsibility for a child,
and who knows that it is proposed that the child should be fostered privately, to notify the appropriate authority.'.

No. 327, in page 119, line 40, at end insert— '(ff) require any person who is fostering a child privately to notify the appropriate authority in writing of any person who begins, or ceases, to be part of his household;'.

No. 212, in page 119, leave out lines 44 to 48.

No. 213, in page 120, line 5, leave out 'or'.

No. 214, in page 120, line 6, at end insert —

  1. '(e) a refusal to make an exemption under paragraph 4 of Schedule 6A;
  2. (f) a condition imposed in such an exemption; or
  3. (g) a variation or cancellation of such an exemption,'.

No. 215, in page 120, line 9, leave out 'or prohibition' and insert prohibition, condition, variation or cancellation'.

No. 216, in page 120, line 10, leave out 'a requirement, the requirement' and insert'—

  1. (a) a requirement imposed under paragraph 6;
  2. (b) a condition of an exemption imposed under paragraph 4 of Schedule 6A; or
  3. (c) a variation or cancellation of such an exemption, the requirement, condition, variation or cancellation.'.

No. 217, in page 120, line 22, at end insert— '(5A) Where it allows an appeal against a refusal to make an exemption, a condition imposed in such an exemption or a variation or cancellation of such an exemption, the court may—

  1. (a) make an exemption;
  2. (b) impose a condition; or
  3. (c) vary the exemption.
(5B) Any exemption made or varied under sub-paragraph (5A), or any condition imposed under that sub-paragraph, shall be deemed for the purposes of Schedule 6A (but not for the purposes of this paragraph) to have been made, varied or imposed under that Schedule.'.

No. 413, in page 120, line 23, leave out sub-paragraph (6).

No. 218, in page 120, line 24, at end insert— '(6A) Nothing in sub-paragraph (1)(e) to (g) confers any right of appeal on—

  1. (a) a person who is, or would be if exempted under Schedule 6A, a local authority foster parent; or
  2. (b) a person who is, or would be if so exempted, a person with whom a child is placed by a voluntary organisation.'.

No. 219, in page 120, line 31, leave out 'as if'—[Mr Mellor.]

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