HL Deb 08 November 1989 vol 512 cc829-30

232 Before Clause 64, insert the following new clause —

'Notification of children accommodated in certain establishments Children accommodated by health authorities and local education Authorities.

. —(1) Where a child is provided with accommodation by any health authority or local education authority ("the accommodating authority") —

  1. (a) for a consecutive period of at least three months; or
  2. (b) with the intention, on the part of that authority, of accommodating him for such a period,
the accommodating authority shall notify the responsible authority.

(2) Where subsection (1) applies with respect to a child, the accommodating authority shall also notify the responsible authority when they cease to accommodate the child.

(3) In this section "the responsible authority" means —

  1. (a) the local authority appearing to the accommodating authority to be the authority within whose area the child was ordinarily resident immediately before being accommodated; or
  2. (b) where it appears to the accommodating authority that a child was not ordinarily resident within the area of any local authority, the local authority within whose area the accommodation is situated.

(4) Where a local authority have been notified under this section, they shall —

  1. (a) take such steps as are reasonably practicable to enable them to determine whether the child's welfare is adequately safeguarded and promoted while he is accommodated by the accommodating authority; and
  2. (b) consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.

232A Insert the following new clause —

`Children accommodated in residential care, nursing or mental nursing homes.

. —(1) Where a child is provided with accommodation in any residential care home, nursing home or mental nursing home —

  1. (a) for a consecutive period of at least three months; or
  2. (b) with the intention, on the part of the person taking the decision to accommodate him, of accommodating him for such period,
the person carrying on the home shall notify the local authority within whose area the home is carried on.

(2) Where subsection (1) applies with respect to a child, the person carrying on the home shall also notify that authority when he ceases to accommodate the child in the home.

(3) Where a local authority have been notified under this section, they shall —

  1. (a) take such steps as are reasonably practicable to enable them to determine whether the child's welfare is adequately safeguarded and promoted while he is accommodated in the home; and
  2. (b) consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.

(4) If the person carrying on any home fails, without reasonable excuse, to comply with this section he shall be guilty of an offence.

(5) A person authorised by a local authority may enter any residential care home, nursing home or mental nursing home within the authority's area for the purpose of establishing whether the requirements of this section have been complied with.

(6) Any person who intentionally obstructs another in the exercise of the power of entry shall be guilty of an offence.

(7) Any person exercising the power of entry shall, if so required, produce some duly authenticated document showing his authority to do so.

(8) Any person committing an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.'

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 232 and 232A.

These new clauses are proposed in response to concerns about the welfare of children who live away from home for long periods, usually in various types of residential accommodation, and for whom local social services authorities at present have few specific responsibilities.

The first of the new clauses deals mainly with children placed in public sector hospitals and special schools. The second is intended to address the same concerns in relation to children placed in private care homes or hospitals.

A power of inspection for the Secretary of State to mirror the local authority welfare duties is provided for in Clause 60, which is in Amendment No. 214 to which I have already spoken.

The welfare of children in the majority of independent boarding schools not covered by these provisions is the subject of Amendment No. 232B, which I have already mentioned.

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

On Question, Motion agreed to.