HL Deb 08 November 1989 vol 512 cc803-4

183 Before Clause 49, insert the following new clause—

'Provision of accommodation by voluntary organizations

(1) Where a voluntary organisation provide accommodation for a child, they shall do so by —

  1. (a) placing him (subject to subsection (2)) with —
    1. (i) a family;
    2. (ii) a relative of his; or
    3. (iii) any other suitable person, on such terms as to payment by the organisation and otherwise as the organisation may determine;
  2. (b) maintaining him in a voluntary home;
  3. (c) maintaining him in a community home;
  4. (d) maintaining him in a registered children's home;
  5. (e) maintaining him in a home provided by the Secretary of State under section 62(5) on such terms as the Secretary of State may from time to time determine; or
  6. (f) making such other arrangements (subject to subsection (3)) as seem appropriate to them.

(2) The Secretary of State may make regulations as to the placing of children with foster parents by voluntary organisations and the regulations may, in particular, make provision which (with any necessary modifications) is similar to the provision that may be made under section 19(2)(a).

(3) The Secretary of State may make regulations as to the arrangements which may be made under subsection (1)(f) and the regulations may in particular make provision which (with any necessary modifications) is similar to the provision that may be made under section 19(2)(f).

(4) The Secretary of State may make regulations requiring any voluntary organisation who are providing accommodation for a child —

  1. (a) to review his case; and
  2. (b) to consider any representations (including any complaint) made to them by any person falling within a prescribed class of person,
in accordance with the provisions of the regulations.

(5) Regulations under subsection (4) may in particular make provision which (with any necessary modifications) is similar to the provision that may be made under section 22.

(6) Regulations under subsections (2) to (4) may provide that any person who, without reasonable excuse, contravenes or fails to comply with a regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale,'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 183. In speaking to this amendment I speak also to Amendment No. 340. These amendments clarify the powers of voluntary organisations to provide accommodation for children, mainly by bringing the powers together in one place.

The new clause introduced by Amendment No. 183 sets out the powers of voluntary organisations to provide accommodation by placing the child with a family, a relative or others, or in a home —for example, a voluntary home or a registered children's home —or by making other arrangements. These provisions are equivalent to those in Clause 19 which deal with the placement of children by local authorities. The new clause also includes powers for the Secretary of State to make regulations covering the various kinds of placement as well as the carrying out of case reviews and the consideration of complaints and representations about the children.

Amendment No. 340, which is consequential to the new clause, would remove provisions in the current draft of the Bill which relate to the placing of children with foster parents by voluntary organisations. These provisions are included in the new clause.

Moved, That the House do agree with the Commons in the said amendment. —(The Lord Chancellor.)

On Question, Motion agreed to.