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Children and Young Persons Bill [HL]

Unlike the proposed new clause before Clause 7 that we discussed earlier, this group of amendments is a form of replacement therapy; it proposes to remove Clauses 7 to 10 altogether and replace them with a single clause. It is also separately proposed to remove Clause 30 and to reinstate it in a schedule to the new clause. We are therefore dealing with quite a substantial change. I favour this approach, but even though we are largely incorporating into the Bill provisions that already exist in Section 23 of the Children Act 1989, it is still important that we as legislators are content with the wording of the proposed new clause, which we intend to become the law of the land, particularly as I am sure that we will be asked why, instead of amending Section 23 of the 1989 Act as the Government proposed, we are now proposing a new provision in substitution of that section. We know from earlier discussions in Committee and more widely that some noble Lords and others concerned with the well-being and the placement of looked-after children asked a good number of questions as a result of the proposed amendment of the Act—in particular, about the potential for conflict between the provisions and the impact of the new duties on local authority practice. It is said from time to time that, in any event, the interpretation of Section 23 has led to some difficulties. I do not know whether that it is true, but it is said. The more radical solution of restating the provisions of Section 23 in order to clarify the effect of the new duties and their relation with each other is a good decision. Of course, it is still necessary for us to make sure that the points to which we attached importance earlier in Committee are covered in the proposed new clause to be inserted after Clause 10. I am very keen that we should do everything we can in legislation to make the placement of looked-after children satisfactory and, if possible, stable. Looking at the elements of the proposed new clause, first, I am content with the placement options in proposed new Section 22C(6), which are taken from the previous legislation. Secondly, I am very keen that the conditions applicable to the placement of a child should reflect the provisions of Section 23 of the 1989 Act and the new duties proposed by the Government in Clauses 8 and 9, now to be removed—in particular, the emphasis on local placement and that the child should, if possible, live near his or her home, and the new wording that the placement should not disturb the child’s education. That would cover further education colleges as well as schools and, possibly, as the noble Baroness, Lady Walmsley, mentioned, some other elements of education. We shall find out about that in due course. Thirdly, it is right that if a local authority wants to move a child from his or her parents, foster care or a children’s home to ““other arrangements””—that rather suspicious phrase—there must be a statutory review of the child’s case before making a decision. This reflects the old Clause 10 of the Bill and, once again, it is a reasonable safeguard. For all those reasons, I support the Government.