Children and Social Work Bill [HL]

Lord Ramsbotham Excerpts

Ping Pong (Hansard): House of Lords
Tuesday 4th April 2017 Lords Chamber

[Baroness Walmsley (LD)]

My Lords, I add a few words to those of my noble friend Lady Pinnock. I particularly thank the Government for the amendments to Clauses 4, 5 and 6, which were in response to a promise made to the noble Baroness, Lady King of Bow, and me during the Bill’s passage through your Lordships’ House. They will certainly improve the position of children in this country adopted from abroad, but, as you would expect, the amendments can only bring those children within the scope of the measures in the Bill.

The battle is not over for the parents of those children, because many of them are now coming to the age where they transfer from primary to secondary school and are having difficulty getting into the school which their parents feel is most suitable for their particular needs. Is the Minister aware that some parents and I have spoken to Mr Edward Timpson about the need to extend priority admissions and pupil premium plus to those children? We are waiting to see whether the Government will make those changes. Will the Minister agree to meet me and some of the parents of those children so that he may hear for himself their concerns? Having said that, they asked me to say that they thank the Government and very much welcome the changes that they have made.

[Lord Ramsbotham (CB)]

My Lords, I, too, thank the Government for how far they have come since we started work on this Bill in this House many months ago. However, I raise one question, which I raised yesterday in the very helpful drop-in session held by the Minister, which refers to government Amendments 9 and 30. Government Amendment 9 allows children from England and Wales to be held in secure accommodation in Scotland. As we know, the circumstances in which a child looked after by a local authority may be deprived of his or her liberty by placement in secure accommodation are listed in Section 25 of the Children Act 1989.

Government Amendment 30 sets out a new schedule. Paragraph 5 of that schedule refers in particular to the Children (Secure Accommodation) Regulations 1991. It states:

“In regulation 1 … ‘This Regulation and Regulations 10 to 13 extend to England and Wales and Scotland’”.


Does that mean that Regulations 2 to 9 and 13 do not apply to children detained in Scotland? That is very important, because those regulations contain the requirement to obtain the child’s and parents’ consent to a move and the right to independent periodic review. If the regulations as set out in the government amendment are to be believed, those rights are removed from children who are transferred to Scotland.

I suspect that this is either an administrative oversight or has been left out not deliberately but because the implications were not wholly appreciated. I should be grateful if the Minister could clear up this question.