HL Deb 08 November 1989 vol 512 cc798-801

164 After Clause 40, insert the following new clause—

Abduction of children in care etc.

.—(1) A person shall be guilty of an offence if, knowingly and without lawful authority or reasonable excuse, he —

  1. (a) takes a child to whom this section applies away from the responsible person;
  2. (b) keeps such a child away from the responsible person; or
  3. (c) induces, assists or incites such a child to run away or stay away from the responsible person.

(2) This section applies in relation to a child who is —

  1. (a) in care;
  2. (b) the subject of an emergency protection order; or
  3. (c) in police protection,
and in this section "the responsible person" means any person who for the time being has care of him by virtue of the care order, the emergency protection order, or section 38, as the case may be.

(3) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.

164A Insert the following new clause:—

'Recovery of abducted children etc.

.—(1) Where it appears to the court that there is reason to believe that a child to whom this section applies —

  1. (a) has been unlawfully taken away or is being unlawfully kept away from the responsible person;
  2. (b) has run away or is staying away from the responsible person; or
  3. (c) is missing,
the court may make an order under this section ("a recovery order").

(2) This section applies to the same children to whom section (Abduction of children in care, etc.) applies and in this section "the responsible person" has the same meaning as in section (Abduction of children in care, etc.).

(3) A recovery order —

  1. (a) operates as a direction to any person who is in a position to do so to produce the child on request to any authorised person;
  2. (b) authorises the removal of the child by any authorised person;
  3. (c) requires any person who has information as to the child's whereabouts to disclose that information, if asked to do so, to a constable or an officer of the court;
  4. (d) authorises a constable to enter any premises specified in the order and search for the child, using reasonable force if necessary.

(4) The court may make a recovery order only on the application of —

  1. (a) any person who has parental responsibility for the child by virtue of a care order or emergency protection order; or
  2. (b) where the child is in police protection, the designated officer.

(5) A recovery order shall name the child and —

  1. (a) any person who has parental responsibility for the child by virtue of a care order or emergency protection order; or
  2. (b) where the child is in police protection, the designated officer.

(6) Premises may only be specified under subsection (3Xd) if it appears to the court that there are reasonable grounds for believing the child to be on them.

(7) In this section — an authorised person" means —

  1. (a) any person specified by the court;
  2. (b) any constable;
  3. (c) any person who is authorised —
  1. (i) after the recovery order is made; and
  2. (ii) by a person who has parental responsibility for the child by virtue of a care order or an emergency protection order,
to exercise any power under a recovery order; and "the designated officer" means the officer designated for the purposes of section 38.

(8) Where a person is authorised as mentioned in subsection (7)(c)—

  1. (a) the authorisation shall identify the recovery order; and
  2. (b) any person claiming to be so authorised shall, if asked to do so, produce some duly authenticated document showing that he is so authorised.

(9) A person shall be guilty of an offence if he intentionally obstructs an authorised person exercising the power under subsection (3)(b) to remove a child.

(10) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(11) No person shall be excused from complying with any request made under subsection (3)(c) on the ground that complying with it might incriminate him or his spouse of an offence; but a statement or admission made in complying shall not be admissible in evidence against either of them in proceedings for an offence other than perjury.

(12) Where a child is made the subject of a recovery order whilst being looked after by a local authority, any reasonable expenses incurred by an authorised person in giving effect to the order shall be recoverable from the authority.

(13) A recovery order shall have effect in Scotland as if it had been made by the Court of Session and as if that court had had jurisdiction to make it.

(14) In this section "the court", in relation to Northern Ireland, means a magistrates' court within the meaning of the Magistrates' Courts (Northern Ireland) Order 1981.'

164B Insert the following new clauses —

'Refuges for children at risk.

. —(1) Where it is proposed to use a voluntary home or registered children's home to provide a refuge for children who appear to be at risk of harm, the Secretary of State may issue a certificate under this section with respect to that home.

(2) Where a local authority or voluntary organisation arrange for a foster parent to provide such a refuge, the Secretary of State may issue a certificate under this section with respect to that foster parent.

(3) In subsection (2) "foster parent" means a person who is, or who from time to time is, a local authority foster parent or a foster parent with whom children are placed by a voluntary organisation.

(4) The Secretary of State may by regulations —

  1. (a) make provision as to the manner in which certificates may be issued;
  2. (b) impose requirements which must be complied with while any certificate is in force; and
  3. (c) provide for the withdrawal of certificates in prescribed circumstances.

(5) Where a certificate is in force with respect to a home, none of the provisions mentioned in subsection (7) shall apply in relation to any person providing a refuge for any child in that home.

(6) Where a certificate is in force with respect to a foster parent, none of those provisions shall apply in relation to the provision by him of a refuge for any child in accordance with arrangements made by the local authority or voluntary organisation.

(7) The provisions are —

  1. (a) section (Abduction of children in care, etc.);
  2. (b) section 71 of the Social Work (Scotland) Act 1968 (harbouring children who have absconded from residential establishments etc.), so far as it applies in relation to anything done in England and Wales;
  3. (c) section 32(3) of the Children and Young Persons Act 1969 (compelling, persuading, inciting or assisting any person to be absent from detention, etc.), so far as it applies in relation to anything done in England and Wales;
  4. (d) section 2 of the Child Abduction Act 1984.'

165 Clause 41, leave out Clause 41.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 164, 164A, 164B and 165. I have already spoken to Amendments Nos. 164, 164A and 164B with Amendment No. 156 and to Amendment No. 165 with Amendment No. 50. Accordingly I will take these, with your Lordships' leave, en bloc.

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

On Question, Motion agreed to.