§ 2.45 p.m.
§ Baroness MACLEOD of BORVE: My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ The Question was as follows:
§ To ask Her Majesty's Government when they intend to implement Section 65 of the Children Act 1975.
§ Lord WELLS-PESTELLMy Lords, this provision came into force on 26th November 1976. As the noble Baroness will know, it enables a court to order legal aid for parents where a separation order has been made under Section 32A of the Children and Young Persons Act 1969. A separation order may now be made in unopposed proceedings for the discharge of a care or supervision order.
§ Baroness MACLEOD of BORVEMy Lords, I thank the noble Lord for his reply. My Question is really directed towards granting custody of a child to a local authority in care proceedings in court. Is the noble Lord aware that the child and the local authority are now by law enabled to be represented in court, but that the parents who are opposing the application of the local authority are not granted legal aid?
§ Lord WELLS-PESTELLMy Lords, as I understand the Act, what it was really designed to do was to prevent the situation which arose in the Maria Colwell case. In that case, the girl was in the care of the local authority and the mother wanted to have the child back. The result was that the child was returned to her, because, if my memory serves me correctly, the local authority was not opposed to the child going back. The whole purpose of the section which the noble Baroness is talking about is that, when that situation arises, the court shall have power to grant a legal representative to act for the child, to see whether or not it is desirable that the child should go back to the parents. As the noble Baroness knows, that section of the Act has not yet been implemented.
§ Baroness MACLEOD of BORVEMy Lords, I thank the noble Lord for that further reply. It is specifically in the case where a local authority is requiring to take a child into its care, and where the parents are opposed to that application, that I want this part of the Act to be implemented. Can the noble Lord tell me when this part of the Act will be implemented?
§ Lord WELLS-PESTELLMy Lords, I cannot tell the noble Baroness when it will be implemented, and at this moment I do not think anybody else can do so.
§ Lord HAILSHAM of SAINT MARYLEBONEBut, my Lords, what is holding up the implementation of this section? Am I not right in thinking that it would require a very small infrastructure, and practically no additional expense? Can the noble Lord say why it has not been implemented and what is holding it up?
§ Lord WELLS-PESTELLMy Lords, my understanding is that it is a question of expense. The legal representation which the parents would have would mean further responsibility and work for the local authority and, at the moment, that is something which they cannot undertake.