HL Deb 05 November 1975 vol 365 cc1313-6

[Nos. 173 and 174]

After Clause 59, insert the following new Clause—

Amendment to section 37 of Social Work (Scotland) Act 1968

(" '. In section 37 of the Social Work (Scotland) Act 1968—

(a) the following subsection is inserted after subsection (1) — (1A) Where a local authority receive information suggesting that a child may be in need of compulsory measures of care, they shall—

  1. (a) cause enquiries to be made into the case unless they are satisfied that such inquiries are unnecessary; and
  2. (b) if it appears to them that the child may be in need of compulsory measures of care, give to the reporter such information about the child as they may have been able to discover."

(b) for subsection (2) there is substituted— (2) A constable or any person authorised by any court or by any justice of the peace may take to a place of safety any child—

  1. (a) in respect of whom any of the offences mentioned in Schedule 1 to the Criminal Procedure (Scotland) Act 1975 has been or is believed to have been committed; or
  2. (b) who is a member of the same household as a child in respect of whom such an offence has been or is believed to have been committed; or
  3. (c) who is, or is likely to become, a member of the same household as a person who has committed or is believed to have committed such an offence; or
    4. 1314
  4. (d) in respect of whom an offence under section 21(1) of the Children and Young Persons (Scotland) Act 1937 has been or is believed to have been committed; or
  5. (e) who is likely to be caused unnecessary suffering or serious impairment of health because there is, or is believed to be, in respect of the child, a lack of parental care,
and any child so taken to a place of safety or any child who has taken refuge in a place of safety may be detained there until arrangements can be made for him to be brought before a children's hearing under the following provisions of this Part of this Act, and, where a child is so detained, the constable or the person authorised as aforesaid or the occupier of the place of safety shall forthwith inform the reporter of the case.";

(c) in subsection (5), after "renewed" there is inserted "by a children's hearing";

(d) the following subsections are inserted after subsection (5) — (5A) Where a warrant has been renewed under subsection (5) of this section but it appears to the reporter—

  1. (a) that the children's hearing will not he able to dispose of the child's case before the expiry of the period of detention required by the warrant as renewed; and
  2. (b) that further detention of the child is necessary in the child's own interest,
the reporter may apply to the sheriff for a warrant requiring the child to be detained in a place of safety for such a period not exceeding twenty-one days as may be necessary and the sheriff may issue such a warrant if he is satisfied that such detention is necessary in the child's own interest.

(5B) On cause shown a warrant authorising detention under subsection (5A) of this section may be renewed by the sheriff on one occasion only, for the period mentioned in that subsection on the application of the reporter." ' ")

After Clause 59, insert the following new Clause—

Amendment to section 40 of Social Work (Scotland) Act 1968

(" '. In section 40 of the Social Work (Scotland) Act 1968—

(a) for subsection (7) there is substituted— (7) Where a children's hearing before whom a child is brought are unable to dispose of his case and—

  1. (a) have reason to believe that the child may not attend at any hearing of his case, or at any proceedings arising from the case, or may fail to comply with a requirement under section 43(4) of this Act; or
  2. (b) are satisfied that detention of the child is necessary in his own interest, 1315 they may issue a warrant requiring the child to be detained in a place of safety for such a period not exceeding twenty-one days as may be necessary.";

(b) for subsection (8) there is substituted— (8) On cause shown a warrant authorising detention under subsection (7) of this section may he renewed by a children's hearing on one occasion only, for the period mentioned in that subsection on the application of the reporter.";

(c) the following subsections are inserted after subsection (8)— (8A) Where a warrant has been renewed under subsection (8) of this section but it appears to the reporter—

  1. (a) that the children's hearing will not be able to dispose of the child's case before the expiry of the period of detention required by the warrant as renewed; and
  2. (b) that further detention of the child is necessary in the child's own interest,
the reporter may apply to the sheriff for a warrant requiring the child to be detained in a place of safety for such a period not exceeding twenty-one days as may be necessary, and the sheriff may issue such a warrant if he is satisfied that such detention is necessary in the child's own interest.

(8B) On cause shown, a warrant authorising detention under subsection (8A) of this section may be renewed by the sheriff on one occasion only, for the period mentioned in that subsection on the application of the reporter.".'")

10.0 p.m.

Lord WINTERBOTTOM

My Lords, with the permission of the House, I should like to take Amendments Nos. 173 and 174 together. They are Amendments dealing with Scottish matters which are separate from the care provisions in Part III of the Bill relative to England and Wales. These Amendments have three main purposes. They place on local authorities in Scotland a specific duty under the Social Work (Scotland) Act 1968 to make investigation on receipt of any information suggesting that a child may be in need of compulsory measures of care, and to pass on the results of their investigations to the reporter to the children's panel if, in their view, there are grounds for considering formal measures of care for the child.

Secondly, they extend the circumstances in which children may be taken to a place of safety under the emergency procedure provided by Section 37(2) of the Social Work Act to provide additional safeguards for children who are known or believed to be victims of child abuse in certain specific circumstances or are at risk of such abuse. Thirdly, the Amendments extend the period for which such children may be detained temporarily in a place of safety until their case can be disposed of by a children's hearing. This extension gives the possibility of a child being detained pending final consideration of his case for 84 days, but any extension beyond 42 days would be at the hand of the sheriff on application by the reporter that further detention was necessary in the child's own interests.

Moved, That this House doth agree with the Commons in the said Amendments. — (Lord Winterhottotn.)

Baroness ELLIOT of HARWOOD

My Lords, I should like to endorse what the noble Lord said, and to agree to these Amendments. They are admirable.