HL Deb 08 November 1989 vol 512 cc797-8

158 Clause 39, page 36, line 34, leave out from 'authority' to end of line 38 and insert —

  1. (a) are informed that a child who lives, or is found, in their area —
    1. (i) is the subject of an emergency protection order; or
    2. (ii) is in police protection; or
  2. (b) have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm,'.

159 Page 37, line 17, at end insert — '(3A) Where enquiries are being made under subsection (1) with respect to a child, the local authority concerned shall (with the view to enabling them to determine what action, if any, to take with respect to him) take such steps as are reasonably practicable —

  1. (a) to obtain access to him; or
  2. (b) to ensure that access to him is obtained, on their behalf, by a person authorised by them for the purpose,
unless they are satisfied that they already have sufficient information with respect to him.'

160 Page 37, line 21, leave out subsection (5) and insert — '(5) Where, in the course of enquiries made under this section—

  1. (a) any officer of the local authority concerned; or
  2. (b) any person authorised by the authority to act on their behalf in connection with those enquiries —
    1. (i) is refused access to the child concerned; or
    2. (ii) is denied information as to his whereabouts,
the authority shall apply for an emergency protection order, a child assessment order, a care order or a supervision order with respect to the child unless they are satisfied that his welfare can be satisfactorily safeguarded without their doing so.'

161 Page 37, line 29, after first `order,' insert 'a child assessment order,'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 158 to 161. These amendments are intended further to strengthen the Local authority investigation duty in Clause 39 and they complement the "frustrated access" condition for emergency protection orders provided for in Amendment No. 140 and, for non-emergency cases, the new child assessment order (Amendment No. 139).

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

On Question, Motion agreed to.