HL Deb 08 November 1989 vol 512 cc772-3

137 Clause 35, page 31, line 42 at end insert — `(11) Regardless of any enactment or rule of law which would otherwise present it from doing so, the court may take account of —

  1. (a) any statement contained in a report made by a guardian ad litem who is appointed under this section for the purpose of the proceedings in question; and
  2. (b) any evidence given in respect of the matters referred to in the report,
in so far as the statement or evidence is, in the opinion of the court, relevant to the question which the court is considering.'.

138 After Clause 35, insert the following new clause —

'Right of guardian ad litem to have access to local authority records.

. —(1) Where a person has been appointed as a guardian ad litem under this Act he shall have the right at all reasonable times to examine and take copies of —

  1. (a) any records of, or held by, a local authority which were compiled in connection with the making, or proposed making, by any person of any application under this Act with respect to the child concerned; or
  2. (b) any other records of, or held by, a local authority which were compiled in connection with any functions which stand referred to their social services committee under the Local Authority Social Services Act 1970, so far as those records relate to that child.

(2) Where a guardian ad litem takes a copy of any record which he is entitled to examine under this section, that copy or any part of it shall be admissible as evidence of any matter referred to in any —

  1. (a) report which he makes to the court in the proceedings in question; or
  2. (b) evidence which he gives in those proceedings.

(3) Subsection (2) has effect regardless of any enactment or rule of law which would otherwise prevent the record in question being admissible in evidence.'.

The Lord Chancellor

My Lords, I beg to move that the house do agree with the Commons in their Amendments Nos. 137 and 138.

Amendment No. 137 provides for the contents of a guardian ad litem's report, and any evidence given in respect of the matters referred to in it, to be taken into account by the court (in so far as they are relevant to the question before it) irrespective of any enactment or rule of evidence which would otherwise prevent that.

Amendment No. 138 will give a guardian ad litem, appointed under this Bill, a positive right to inspect records held by a local authority relating to a child who is the subject of an application to the court. Under subsection (1), the right to inspect will include a right to take copies of the records. Any copies so taken will be admissible as evidence of any matter referred to by the guardian in his report or oral evidence, irrespective of any rule of law to the contrary.

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

On Question, Motion agreed to.