§ Mr. Abseasked the Secretary of State for the Home Department whether he is aware that a local authority lacks the capacity to assume parental rights and 251W powers in the case of a child committed into their care, following upon court decisions in divorce, judicial or maintenance proceedings, where it has been found that exceptional circumstances make it inadvisable to give custody of that child to either parent; and whether he will seek to amend the law to enable a local authority to apply to court in cases where such a child has been in their care for not less than three years for parental rights so that full opportunity may be afforded to the child to obtain security in a new environment.
§ Mr. Roy JenkinsThe committal of a child to the care of a local authority in the circumstances referred to has the effect that the child continues in the care of the authority, notwithstanding any claim by a parent or other person, so long as the order remains in force. An amendment of the law enabling the court to confer parental rights on the local authority on the same footing as under a fit person order (Children and Young Persons Act 1933, section 75) or a resolution assuming parental rights (Children Act 1948 section 2), which I assume my hon. Friend has in mind, would not seem to make any substantial difference, since such order or resolution may be revoked or determined by a court. I have had no representations from local authorities that their powers require strengthening in this type of case, but I should be glad to look into any particular case which my hon. Friend has in mind.