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. 207 and 208. I should like to speak at the same time to Amendments Nos. 351, 354, 356 to 362 and 370.

The effect of these amendments is both to tidy up and to improve the powers of local authorities to safeguard the welfare of children who are privately placed with foster parents: that is where the decision to place and the choice of foster parents have been made by a child's parents. A number of amendments provide for typographical corrections, bring terminology into line with the rest of the Bill and introduce other technical amendments. The amendments of substance reflect our further consideration of these matters in the light of concern expressed by noble Lords and representations from local authorities and other bodies, particularly the Save the Children Fund, concerned with the welfare of these children. The powers of local authorities are extended by giving them power to prohibit any private fostering placement where the foster parent is unsuitable or the accommodation is unsuitable or the placement is prejudicial to the child's welfare. Previously in the Bill, this power applied only where the local authority had not been properly notified of the placement. But this appeared on reflection to be too restrictive. Even where a placement has at first been deemed suitable by an authority, circumstances may change and the authority should be able to act to safeguard the child.

There are important changes in the regulation-making power in respect of notification of fostering arrangements. It is now clearly stated, for the avoidance of doubt, that parents, and those 810 with parental responsibility, can be required to give the appropriate authority prior notice of a proposed fostering arrangement, subject only to the proviso that they are aware that the child is to be fostered.

We shall also now be able in these regulations to require foster parents to give notice when a person leaves or joins their household. This will be an additional safeguard against a private foster child being exposed to risks in a placement.