§ Julie Morgan
To ask the Secretary of State for the Home Department what steps he is taking to ensure that social services are fulfilling their responsibilities for looking after children who go into prison. 
§ Jacqui Smith
[holding answer 3 March 2003]:]I have been asked to reply.
Councils with social services responsibilities have a duty, under the Children Act 1989, to safeguard and promote the welfare of children in their area. This includes children who are in prison service establishments, subject to the requirements of their imprisonment.
The Department of Health is currently working with the Home Office, the Prison Service, the Youth Justice Board and the Association of Directors of Social Services to consider the implications of Justice Munby's judgment in the recent judicial review brought by the Howard League and Recommendation 2.8 of the Joint Chief Inspectors' report "Safeguarding Children". I refer my hon. Friend to the reply given by my hon. Friend the Under-Secretary of State, Home Department on 5 March 2003, Official Report, columns 1104–05W. This consideration will include the possible need for further guidance.