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Children and Young Persons Bill [HL]

moved Amendment No. 48: 48: After Clause 20, insert the following new Clause— ““Statements: looked after children In section 324 of the Education Act 1996 (c. 56) (statement of special educational needs), after subsection (8) insert— ““(8A) Where a statement specifies a school or type of school that would result in a child not being ordinarily resident with their parent, the child is to be a looked after child for the purposes of the Children Act 1989 from the date the statement is implemented, unless the authority decides that it is not in the child’s best interests to be a looked after child. (8B) In determining the child’s best interests for the purposes of subsection (8A), the authority must have specific regard to the likelihood of the child’s parent maintaining regular and ongoing contact with the child during the placement.”””” The noble Lord said: I have retabled the amendment because of its crucial role in safeguarding and promoting the safety and well-being of disabled children living away from home. I am most grateful to the Minister for suggesting that it would be well worth my while to give this a repeat performance. I am also very grateful to the noble Baroness, Lady Walmsley, and other noble Lords who have postponed their amendments to Report stage. Unfortunately, if Report stage is within the next 15 days, I will be unable to be present, because I hope to be joining the ghosts of Bing Crosby, Bob Hope and Dorothy Lamour on the road to Morocco. I will not tire your Lordships—although I am sure that most are tired already—by rehearsing all the arguments that I and others put forward on Second Reading and in Grand Committee. We should not underestimate the importance of the amendment. Disabled children living away from home in residential educational establishments are some of the most vulnerable children and young people in society. Given that, they deserve added protection when living away from home and it is vital that we amend the law to ensure that they have that protection. I welcome the Minister’s suggestion in Grand Committee that there should be a requirement that children in long-term educational establishments should be visited at a minimum of six-monthly intervals. However, I do not believe that that will be sufficient for the vast majority of disabled children and their families. To most families, the best framework for providing the necessary levels of supervision and support is by using the existing looked-after status and system. We need to ensure that those who need that security get it. I hope that the Minister will be able to reconsider the amendment. I beg to move.