COMMONS AMENDMENTS (Hansard, 8 November 1989)

§ The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 127 to 130. I should like to speak at the same time to Amendments Nos. 132 and 133.

Clause 34(1) currently provides for the court to vary or discharge a care order. This follows terminology used in the Children and Young Persons Act 1969. However, under the Bill the effect of a care order is such that there will no longer be any way in which a care order can be varied, so Amendments Nos. 127, 132 and 133 remove that power and all subsequent references to variation of this order. If a technical change is required such as designation of a different local authority as the responsible local authority, this would be effected by means of an appeal on the point in question.

Amendment No. 128 relates to Clause 34(5), which as presently drafted allows the court to substitute a care order for a supervision order on the application of any person entitled to apply for the supervision order to be discharged. Amendment No. 128, which was prompted by the Opposition in the other place, would remove this power, which on reflection we accept is excessive. It does not seem appropriate for a higher order to be substituted for a lower order without the conditions for such an order being satisfied afresh.

Amendment No. 129 corrects a drafting omission to make clear that Clause 34(6) refers to consideration by the court of the matters under that subsection.

Amendment No. 130 would remove the powers of the court to make any other order with respect to the child when considering an application for a discharge of a care or supervision order. Again we do not believe on reflection that the court should have such a wide ranging power in these circumstances.