HL Deb 08 November 1989 vol 512 cc868-70

342 Schedule 6, page 102, line 43, leave out 'Part VIII' and insert 'this paragraph'.

343 Page 103, line 21, leave out 'above'.

344 Page 105, line 14, leave out 'this Part' and insert 'Part VIII

345 Page 105, line 23, leave out 'this Part' and insert 'paragraph 2'

346 Page 106, line 10, at end insert — `(dd) require the furnishing to the responsible authority of information as to the facilities provided for—

  1. (i) the parents of children in such homes;
  2. (ii) persons who are not parents of such children but who have parental responsibility for them; and
  3. (iii) other persons connected with such children, to visit and communicate with the children.'.

347 Page 106, line 19, leave out 'require the approval of the Secretary of State for the provision and' and insert 'prohibit the'.

348 Page 106, line 21, leave out from 'homes' to end of line 24.

349 Page 106, line 26, after 'on', insert 'or in charge 'of.

349A Page 106, line 27, at end insert— (k) make provision similar to that made by regulations under section 22;—

350 After Schedule 6, insert the following new Schedule —

`SCHEDULE 6A

FOSTER PARENTS: LIMITS ON NUMBER OF FOSTER CHILDREN

Interpretation

1. For the purposes of this Schedule, a person fosters a child if —

  1. (a) he is a local authority foster parent inrelation to the child;
  2. (b) he is a foster parent with whom the child has been placed by a voluntary organisation; or
  3. (c) he fosters the child privately.

The usual fostering limit

2. Subject to what follows, a person may not foster more than three children ("the usual fostering limit").

Siblings

3. A person may exceed the usual fostering limit if the children concerned are all siblings with respect to each other.

Exemption by local authority

4. —(1) A person may exceed the usual fostering limit if he is exempted from it by the local authority within whose area he lives.

(2) In considering whether to exempt a person, a local authority shall have regard, in particular, to —

  1. (a) the number of children whom the person proposes to foster;
  2. (b) the arrangements which the person proposes for the care and accommodation of the fostered children;
  3. (c) the intended and likely relationship between the person and the fostered children;
  4. (d) the period of time for which he proposes to foster the children; and
  5. (e) whether the welfare of the fostered children (and of any other children who are or will be living in the accommodation) will be safeguarded and promoted.

(3) Where a local authority exempt a person, they shall inform him by notice in writing —

  1. (a) that he is so exempted;
  2. (b) of the children, described by name, whom he may foster; and
  3. (c) of any condition to which the exemption is subject.

(4) A local authority may at any time by notice in writing—

  1. (a) vary or cancel an exemption; or
  2. (b) impose, vary or cancel a condition to which the exemption is subject,
and, in considering whether to do so, they shall have regard in particular to the considerations mentioned in sub-paragraph (2).

(5) The Secretary of State may make regulations amplifying or modifying the provisions of this paragraph in order to provide for cases where children need to be placed with foster parents as a matter of urgency.

Effect of exceeding fostering limit

5. —(1) A person shall cease to be treated as fostering and shall be treated as carrying on a children's home if —

  1. (a) he exceeds the usual fostering limit or
  2. (b) where he is exempted under paragraph 4, —
  1. (i) he fosters any child not named in the exemption; and
  2. (ii) in so doing, he exceeds the usual fostering limit.

(2) Sub-paragraph (1) does not apply if the children concerned are all siblings in respect of each other.

Complaints etc.

6. —(1) Every local authority shall establish a procedure for considering any representations (including any complaint) made to them about the discharge of their functions under paragraph 4 by a person exempted or seeking to be exempted under that paragraph.

(2) In carrying out any consideration of representations under sub-paragraph (1), a local authority shall comply with any regulations made by the Secretary of State for the purposes of this paragraph.'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendment Nos. 342 to 350 inclusive.

I have spoken to Amendment No. 342 with Amendment No. 288; Amendment No. 343 with Amendment No. 341; Amendments Nos. 344 and 345 with Amendment No. 288; Amendment No. 346 with Amendment No. 341. Amendments Nos. 347 and 348 were spoken to with Amendment No. 367; Amendment No. 349 was spoken to with Amendment No. 333; Amendment No. 349A with Amendment No. 341; Amendment No. 350 with Amendment No. 189. Perhaps that will do for the time being.

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

On Question, Motion agreed to.