§ 24 Clause 8, page 6, line 38, leave out `by virtue of a care order'.
§
25 Page 6, line 43, leave out subsection (3) and insert—
`(3) A person who is, or was at any time within the last six months, a local authority foster parent of a child may not apply for leave to apply for a section 7 order with respect to the child unless —
(3A) the period of three years mentioned in subsection (3)(c) need not be continuous but must have begun not more than five years before the making of the application.'.
§
26 Page 7, line 10, at end insert —
`(4A) No court shall make any section 7 order which is to have effect for a period which will end after the child has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional.'
§ 27 Clause 9, page 8, line 2, leave out `by virtue of a care order'.
§ The Lord ChancellorMy Lords, I beg to move that the House do agree with the Commons in their 726 Amendments Nos. 24 to 27. I should like to speak also to Amendments Nos. 51, 71, 72 and 102.
Amendments Nos. 24, 27, 51, 71, 72 and 101 simplify references to children in local authority care. I shall mention Amendment No. 25 a little more fully. Clause 8(3) as at present drafted requires a local authority foster parent who wants to apply to the court for leave to apply for a residence order with respect to the child first to obtain the consent of the local authority if the child has lived with him for less than three years. This amendment would extend the consent requirement where the person making the application was a local authority foster parent of the child at any time in the preceding six months. As at present drafted, Clause 8(3) would not apply where, for example, the child had just been removed from the foster parent, or if the child had just been rehabilitated with his parents.
The amendment also frees from the consent requirement a local authority foster parent who happens to be a relative of the child. The amendment also sets out how the three-year period mentioned in subsection (3)(a) is to be calculated. At present it may not be entirely clear.
Amendment No. 26 would add a further small restriction on the making of Section 7 orders in Clause 8. It would prevent courts making Section 7 orders to extend beyond the child's attaining the age of 16 unless there are exceptional circumstances. I beg to move.
§ Moved, That the House do agree with the Commons in the said amendments. —(The Lord Chancellor.)
§ On Question, Motion agreed to.